Detalhes bibliográficos
| Ano de defesa: |
2025 |
| Autor(a) principal: |
Chaves, Carla Thamilis Fonseca
 |
| Orientador(a): |
Beznos, Clovis
|
| Banca de defesa: |
Não Informado pela instituição |
| Tipo de documento: |
Dissertação
|
| Tipo de acesso: |
Acesso embargado |
| Idioma: |
por |
| Instituição de defesa: |
Pontifícia Universidade Católica de São Paulo
|
| Programa de Pós-Graduação: |
Programa de Pós-Graduação em Direito
|
| Departamento: |
Faculdade de Direito
|
| País: |
Brasil
|
| Palavras-chave em Português: |
|
| Palavras-chave em Inglês: |
|
| Área do conhecimento CNPq: |
|
| Link de acesso: |
https://repositorio.pucsp.br/jspui/handle/handle/44068
|
Resumo: |
This study aims to analyze the inclusion of the risk matrix as a contractual clause provided for in brazilian Law 14.133/2021. Although the matrix represents an innovation in the legislation of public contracts, the explicit risk allocation was already established in public-private partnerships and in integrated and semi-integrated contracting regimes, as well as being a common practice in concession contracts. The research is justified by the need to understand the foundations of this clause and its role in ensuring the economic-financial balance of public contracts. The methodology adopted is qualitative, based on documentary, jurisprudential analysis, and literature review. The study investigates the principles underlying the risk matrix, based on decisions from the brazilian federal court of accounts and legal literature, highlighting the principles of equality, transparency, and legal certainty. It assumes that the Public Administration does not act as a "universal insurer," meaning that part of the risks must inevitably be transferred to the contractor or concessionaire. In this context, the study examines how the risk matrix contributes to defining risk types, with an emphasis on distinguishing between ordinary and extraordinary risks. Regarding ordinary risks, a comparison is made of the extent of these risks in different types of contracts used for public infrastructure works. Finally, the study analyzes federal highway concession contracts, which serve as a reference for other sectors, demonstrating significant advances in risk allocation. The risk matrix, therefore, emerges as a tool that minimizes ambiguities and uncertainties by clearly delineating the responsibilities of each party. The allocation of risks, which varies depending on the type of contract and cause, requires detailed analysis during contract drafting. The continuous improvement of the risk matrix will be essential for the evolution of public contracts |
