Alocação e mitigação dos riscos em parcerias público-privadas no Brasil

Abstract

The objective of the research was to survey conditions regarding risk sharing in public-private partnerships contracting in Brazil, from the legal framework establishment that allowed such social equipment deployment in Brazil. It was evaluated through documentary research how the risk factors are being allocated and distributed in 15 contracts, seeking to determine how the risks are mitigated between the public and private partners. The contracts have expressive definition of the risks involved and their liability for the partners. The evidences indicated that private partners have formally absorbed most of the risk factors listed; however, there are express risks’ mitigation measures granted in contracts to the private partner, by intervention in last instance of the public entity involved.