O dia depois do leilãogestão contratual das parcerias municipais do PPI

Resumo

This dissertation explores the management of municipal concession and public-private partnership (PPP) contracts qualified under Brazil’s Investment Partnership Program (PPI). The primary objective is to understand whether and how institutional shortcomings of local governments affect the monitoring and execution of these contracts. The study is situated within the broader context of the growing adoption of concessions, PPPs, and other forms of collaboration between the state and the private sector, particularly at state and municipal levels. While the specialized literature acknowledges the limited capacity of municipalities to provide public goods and services under the 1988 constitutional framework, it does not thoroughly examine the competencies required for managing concessions and PPPs. Although it is widely recognized that such management demands new capacities from public authorities, there is a lack of research assessing whether municipalities possess these capabilities, how they influence the expected outcomes of partnerships, and how they can be strengthened. Furthermore, existing analyses of the PPI primarily focus on the program’s innovations and projected outcomes, offering limited insights into the progress of municipal contracts established within its scope. Similarly, little attention has been given to the processes, instruments, and strategies adopted by the federal government to achieve the program’s overarching objectives. This qualitative study relies on document analysis and a comprehensive literature review. It examines municipal administrative structures, the distribution of responsibilities for contract management, actions taken by public authorities, and the role of local courts of accounts and courts of justice in contract execution. Data collection involved reviewing official municipal gazettes, institutional websites of city halls, concessionaires, local courts of accounts, local courts of justice, and information obtained through Law #12.527/2011. The findings reveal that recent institutional and legislative reforms in the partnership framework have primarily focused on project structuring, facilitating public sector access to specialized services. However, the institutional weaknesses that justify federal support in the structuring phase also emerge during contract management by local governments, highlighting a critical area where the PPI must extend its attention. Additionally, the use of contractual management instruments has generated controversies in local courts of accounts, posing risks to the legal certainty and stability of these contracts. An integrated analysis of Law #13.334/2016, its regulations, and the practices of the PPI Secretariat (SPPI) demonstrates that the federal government’s role extends beyond project structuring—it plays a fundamental part in enhancing Brazil’s institutional environment for public-private ventures. However, fulfilling this role requires strengthening the program’s legal and institutional framework, particularly concerning state capacities for contract management. This research contributes by offering a fresh perspective on municipal partnerships under the PPI. It emphasizes local governments’ role in contract management, the potential impacts of institutional challenges on the program’s expected outcomes, and the measures and reforms that both municipalities and the federal government can adopt to address these challenges.

Ficha do documento

Tipo

Dissertação

Ano

2025

Instituição

Fundação Getulio Vargas

Fonte

Repositório da FGV

Idioma

Português

Acesso

Acesso aberto

Identificador

oai:repositorio.fgv.br:10438/36820

Temas

Gestão PúblicaPPPConcessõesAdministração PúblicaGovernançaGestão Municipal

Palavras-chave

Programa de parcerias de investimentosParcerias público-privadasConcessõesCapacidades estataisAdministração públicaGoverno localInvestment partnership program (PPI)Public-private partnershipsConcessionsState capacitiesPublic administrationLocal governmentDireitoConcessões administrativasParceria público-privadaContratos administrativosGovernança