O regime jurídico das parcerias público-privadas

Abstract

The present work proposes to analyze the legal regime of the public-private partnership, new modality of service concession, established essentially to demands on public infrastructure that hamper economic and social development. from the country. This instrument seeks, in the private management of the enterprise, the optimization of public resources, encouraging, through the sharing of risks and mechanisms of remuneration, the maintenance of quality in the provision of services. There is also a system of guarantees that the public partner can provide to the private partner, aiming to increase the attractiveness of such arrangements to private capital, an innovation that part of a respectable doctrinal sector. Initially, we outlined the broad outline the public services and their traditional concession form, seeking to present the support on which the PPPs have been installed. Then, the analysis of the regime of the novel institute, when it was pointed out the elements that characterize it and its reason for being. In the end, we collated some projects of contracting PPP already in development of the Union and in the Member States.