Contratações públicas no setor de resíduos sólidos: um estudo sobre as formas de contratação, delegação e gestão das atividades econômicas e serviços públicos relacionados ao setor de resíduos sólidos

Sampaio, Patrícia Regina Pinheiro
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There are many forms available in the Brazilian legal framework that can be used by the public authority to contract, transfer or manage the performance of public services to private entities. They are: the mere rendering of services, the execution of cooperation agreements, the public service concessions, the public-private partnerships and the public consortiums. This work seeks to explore how the public contracting processes with private parties occur within the solid waste management sector. In order to achieve this goal, firstly we analyze the legal nature of the services related to the managing of solid waste. Secondly we provide for an overview of the available options of contractual modeling for the public authority to use, as well as the problems that are recognized by the Brazilian legal literature in the use of those modeling options. Finally, a variety of practical cases are analyzed with the objective of verifying if the problems highlighted by the scholars were taken into consideration by the public administrators in the making of the documents that integrate the bidding and the public contracting process, notably, the invitations to bid and the public contracts.

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