Contratos administrativos complexos e de longo prazo: a prorrogação antecipada e a relicitação na teoria dos contratos públicos

Guerra, Sérgio Antônio Silva
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The economic crisis which the country has been facing places long-term public procurement contracts at the center of the discussion. While these partnerships are being established as a strategy to stimulate the economy and a means of collecting public funds, other existing ones have proven to be unfeasible or insufficient. In the midst of this duality, the Federal Government recently issued Provisional Measures Nos. 727 and 752, later converted into Laws Nos. 13,334/2016 and 13,448/2017, not only to address the crisis, but to bring a new perspective to strategic infrastructure contracts, called "partnerships". The purpose of this paper is, therefore, to analyze how the new institute of “re-bidding” and the application of the early extension of these partnerships represent a change of perspective for long-term contracts and require the Public Administration to make efficient choices. In order to do so, this work will compare, in economic terms — considering transaction costs and practical results — the anticipated extension to the “encampação” and the “re-bidding” to expiration, in order to demonstrate how the establishment of consensual and more flexible mechanisms are more adequate to address the myriad situations to which complex long-term contracts are subjected.

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