Dinâmica dos ajustes contratuais em concessão de rodovias no estado de São Paulo

Abstract

The Brazil State reform started in the 90s encouraged contracting out at various levels of the federation, compelling authorities and experts to discuss the need for dynamic regulation of these contracts. Long Term contracts are inherently incomplete, given that trading conditions and supply are subject to unpredictable contingencies. The Sao Paulo Highways concessions case is studied through a comparative analysis of notifications and contractual amendments of 12 highway concession contracts in force in 2006. The interpretation of data was checked with interviewing regulatory authority (Artesp). The conclusion is that renegotiations did not change the general terms of the contract, but did to change the schedule of works and some accrued work not stipulated in the original program. Changes in contract terms were guided by preserving the initial financial equilibrium of the contract.