Procedimento de manifestação de interesse: interesse de quem?
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Data
2013-11
Autores
Orientador(res)
Porto, Antônio José Maristrello
Lennertz, Marcelo Rangel
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Resumo
The Expression of Interest ('EoI') has been used by different Brazilian federative units, mainly during the last two years, when the institute was regulated by many states. Its goal is to allow modeling infrastructure projects without compromising public resources and requiring technical expertise. Thus, it is related to the context of fostering possible synergies from public private partnerships. However, it is important to consider the discrepancy between public and private interests as a main challenge while using the Expression of Interest. The economic analysis of law offers tools capable of contributing with the analysis of this scenario, as the agency theory. The assumptions of this theory can be applied to the authorization given by the state to the private party. The interest of the market in producing technical studies may diverge from the public sector perspective focused on the public interest. Based on the application of the agency theory, under the procedural perspective, the public interest in organizing an efficient public procurement may be captured by the private party authorized to produce technical studies. Therefore, an empirical research regarding infrastructure projects modeled by EoI, already procured by the public sector, was conducted in order to confirm or reject the capture hypothesis.