Análise dos contratos de risco e da contratação integrada no regime diferenciado de contratações como forma de elevar os níveis de eficiência das contratações públicas

Abstract

In this work the variable compensation agreements linked to the performance of the contractor, contracts for efficiency and integrated contracting, under the Differentiated Regime of Contracts governed by Law No. 12,462 / 11, as legislative innovations that raise levels of efficiency of public procurement in Brazil will be analyze. The issue is of fundamental importance in view of the need, have long demonstrated, to innovate the bidding process in the country. The research was developed through bibliographic research, it was performed literature review, qualitative and exploratory nature. Initially, the bid analysis in Brazil will done, analyzing, subsequently, the differentiated regime for contracts in a general appearance. It will also review the principle of efficiency in national law, its historical development and its current role in the Brazilian legal system. Finally, it will be examined, more specifically, the innovative institutes of risk contracts and integrated procurement and their relation with the efficiency of public procurement. It is revealed at the end, that analyzed institutes can bring positive results for public procurement, as well as any gaps and misconceptions of the legal text that should be remedied.