Aspectos juridicos das parcerias público- privadas e sua relação com os contratos de concessão firmados entre a administração pública e os particulares.

Abstract

In the present scientific research if it identifies to the legal aspects of the public-private partnerships and its relation with contracts of concession conducted by Law 8,987/95, as well as for Law 8,666/93, searching to understand as i f they apply the existing Justinian codes already in this new modality of act of contract between the Public Power and the private initiative. The inquiry was guided for the following objectives: to approach essential questions for understanding of the subject, as the form of concession of pubicos services in the Brazilian right, its concept, legal nature, characteristics of contracts; it displays the aspects historical that had marked the sprouting of the public-private partnerships in the world-wide scene; it shows its introduction in the Brazilian legal system; it approaches the applicable concept and rules to contracts of partnerships between the public power and the private initiative; it analyzes the PPPs and its relation with public utility concession agreements in the common form; the legal base for formalizacao of these contracts, the species, the accomplishment of the licitation, the tarifaria politics, the inherent characteristics to both the essential contract modalities, its clauses; the forms of extinguishing. The research is composed in terms of theoretical referencial, of the native legislation, the workmanships of famous national doutrinadores and information contained in articles specialized published in sites of Internet. To the reach the activity proposal, presented cabivel the use of the bibliographical methods, exegetico-legal and the collection of data that i f it accomplished through documentary research. It fulfills to point out that the thematic one is excellent, has seen that it is center of quarrels, composing the activity legislator of the specialists in administrative law contemporaries. At last, carried through the research, it had the confirmation of the elaborated problem and of the hypothesis, which are: which the legal aspects of the public-private partnerships and as contracts in this scope become related with the common concessions? Hypothesis: Several are the legal aspects that i f relate between public-private partnerships and common concessions utility.