Aspectos jurídicos e econômicos das prorrogações das concessões

• Main Author: Alexandre Foch Arigony
• Format: Article
• Language: Portuguese
• Published: Universidade Federal de Pernambuco 2020-09-01
• Series: Revista Acadêmica
• Subjects: public service concessions; economic-financial balance; mechanisms ofrebalance; economic analysis.
• Online Access: https://periodicos.ufpe.br/revistas/ACADEMICA/article/view/238967/pdf
• ISSN: 1980-3087; 2448-2307

The purpose of this article is to deal with the legal and economic aspects of concession extensions, addressing the economic and financial balance in public service concession contracts and the means of rebalance in the event of a serious and unforeseeable event, with a focus on legal feasibility of the extension as a mechanism of restoration of the initial equation of the contract and in the economic aspects that the decision about the extension should consider. The paper begins with the concept of economic-financial balance and its application in public service concession contracts. Then, it moves to the mechanisms of rebalance of the initial contractual equation, presenting advantages and disadvantages. The problem of the present work is the verification if the legal aspects about the extension of the concession contracts converge with the economic aspects. The hypothesis is that such aspects are on a collision course and the decision on the admission of extensions should be weighed as a way to ensure transparency.