Mecanismos para restabelecimento do equilíbrio econômicofinanceiro dos contratos administrativos na nova lei de licitações e contratos: reajuste, revisão e repactuação
The economic-financial equation of public contracts refers to the ratio between the comeback and the obligations agreed in the contract. The balance of the equation must be maintained during the execution of the contract, being that a constitutional guarantee of the contracting parties. It turns out...
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| Formato: | bachelorThesis |
| Idioma: | pt_BR |
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Universidade Federal do Rio Grande do Norte
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| Endereço do item: | https://repositorio.ufrn.br/handle/123456789/56426 |
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| Resumo: | The economic-financial equation of public contracts refers to the ratio between the comeback and the obligations agreed in the contract. The balance of the equation must be maintained during the execution of the contract, being that a constitutional guarantee of the contracting parties. It turns out that during the life of the contract, events may occur that disturb the established economic-financial balance, requiring its reestablishment through adjustment, repricing or revision. On April 1, 2021, the New Bidding and Contracts Law was published - Law No. 14.133/2021, aiming to replace Law No. 8.666/1993, the main rule relating to public contracts. In view of this, it was proposed the present paper, with the main objective of examining the new regulation, with regard to the existing mechanisms for the reestablishment of the economic-financial balance of public contracts - adjustment, repricing or revision. - verify the changes brought by the new law concerning Public Contracts (14.133/2021) - in comparison with the previous legal system. As specific objectives, this research intended to outline brief considerations about procurement in public entities, administrative contracts and their financial economic balance, in addition to approaching in more detail each of the contractual rebalancing instruments - adjustment, repricing and revision - discussing its characteristics, requirements and applicability, differentiating this mechanisms, and finally, comparing the new and the old legal systems. In order to do this, a bibliographic survey on the subject was realized, in addition to a documentary research, through the analysis of legal texts. It was concluded that the new Law did not bring great changes in this subject, since, in general, the prescriptions already existed in regulations, precedents and guidelines of control bodies. On the other hand, such prescriptions were elevated to the level of law, making them mandatory for all public administration bodies and entities. This is a current and important topic since the recent Law No. 14.133/2021 has national coverage, establishing general bidding and contracting rules for all Public Administration bodies and entities. |
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