Reforma administrativa e parcerias público-privadas: contribuições para os direitos fundamentais

Abstract

The administrative reform which was made in Brazil during the 1990s changed Brazilian Administrative Law deeply, inserting elements from management into the Public Administration. Among its main contributions, the reform provided a more efficient Public Administration, more concerned with citizens’ interests and more participatory. One of the creations based on the reform’s goals are the public-private partnerships, a special kind of public service concession, characterized by the risk sharing and by the offer of extra guarantees by the public partner, aiming to attract the private sector into projects essential to the country’s development. Analyzing the reform and the public-private partnerships in comparison with the fundamental rights theory, one can see important contributions to the achievement of those rights, which are the foundations of the Brazilian State and whose maximum expression is the human person’s dignity.