As parcerias público privadas: análise do caso complexo DATACENTER – CEF e BB

Abstract

The main objective of the work is to address the main aspects of the Institute of Public-Private Partnerships (PPP), which was incorporated into the Brazilian legal system by the publication of Law Nº. 11,079 of December 30, 2004. Notably, knowledge of the changes undergone by the Institute up to the conception of the contours currently presented, as well as the presentation of the main legislative, jurisprudential and negotiating themes pertinent to the model. In this way, the research is classified as descriptive and applied and is based on a bibliographical analysis about the historical-evolutionary and jurisprudential aspects of the institutes presented, besides addressing the documentation of the concrete case analyzed. After, we sought to materialize all aspects addressed through the analysis of the paradigmatic case for the establishment of Public-Private Partnerships within the Union, namely the Datacenter Complex. At the end, it concludes that the importance of state control and supervision by all stakeholders – the State, the private partner, society and the public – is crucial to the planning and transparency of the projects undertaken through these new modalities of concessions. the means of communication. Accordingly, it argues that the achievement of the economic and political goals embodied in Law nº 11,079, December 30, 2004, can only be achieved after the stabilization of the regulations of the regulatory agencies, of the decisions of the courts (jurisprudence) and, consequently, of market acceptance.