Desafios práticos na comunicação institucional entre o poder público e a iniciativa privada durante a contratação de projetos de infraestrutura e instrumentos jurídicos para superá-los

Resumo

The subject matter of this thesis is mapping the practical challenges in the scope of formal and informal institutional communication experienced by the private sector and the public administration during the contracting of infrastructure projects. The objective is to present the legal instruments available to help overcome the practical challenges mapped to improve the legal security of interactions between the market and the government, as well as to make them more sophisticated. The methodology of the study adopted as a source of research the adversities experienced by me during my work as a lawyer and private consultant in a law firm responsible for advising potential interested parties in infrastructure projects and concessionaires, as well as my role as a public manager and advisor in the Undersecretariat of Partnerships of the Government of the State of São Paulo, body responsible for structuring state infrastructure projects. Within the scope of formal communication, centered on public hearing and consultation procedures, three groups of challenges faced by the private sector were mapped: identification of modeling assumptions, access to technical and economic information on the project and quantification of risks; effective participation in the elaboration process of the public notice and the contract and understanding of the adjustments made in the drafts and the motivation for the changes during the structuring of the infrastructure projects; and communication with public authorities and building a relationship with the contracting administration. Regarding legal instruments, the focus is on using the Law of Access to Information as an alternative for obtaining public administration data. Three groups of challenges faced by public authorities were also mapped: contracting external consultants and full assistance from the structuring phase to signing the infrastructure agreement; internal organization and construction of the flow of decisions for infrastructure projects; and improvement of formal institutional communication procedures with the private sector – the public hearing and public consultation. The recommended legal instruments to overcome them especially involve the proposal to adopt new procedures (such as the use of Q&As and followup) and the construction of a data room for the project to be transformed into the asset database. In relation to informal communication, the myths of corruption, the incipient normative legal regime and the influence of customs and insecurities that permeate practices such as one-onone meetings, market sounding, and Roadshow are faced. In summary, the conclusions demonstrate that in relation to formal institutional communication there is great room for improvement of the techniques used in order to guarantee the material compliance with the applicable rules, in particular the fulfillment of those related to transparency and guarantee of isonomy between the interested parties in the biddings. Regarding informal communication, it is concluded that it is indispensable for the success of the projects, legality from the normative point of view, but the need to understand the guidelines to guarantee the adequacy of the procedures from the point of view of public governance.

Ficha do documento

Tipo

Dissertação

Ano

2023

Instituição

Fundação Getulio Vargas

Fonte

Repositório da FGV

Idioma

Português

Acesso

Acesso aberto

Identificador

oai:repositorio.fgv.br:10438/35621

Temas

EconomiaPPPInfraestruturaAdministração PúblicaGovernança

Palavras-chave

Comunicação informalConsulta públicaContratos de parceriasDesafios práticosProjetos de infraestruturaInformal communicationInfrastructure projectsPPP agreementsPractical challengesPublic consultationDireitoComunicação na administraçãoParceria público-privadaContratos administrativosInfraestrutura (Economia)