Reequilíbrio econômico-fincanceiro em contratos administrativos de obras públicas no período de pandemia: um estudo de caso.

Abstract

The contracting of public works in Brazil has always been the subject of great debate, both because of the formalism they carry, and the values ​​contributed to their realization, and their materialization is of great social interest. With the advent of the Covid-19 pandemic in the year 2020, this debate has become even more necessary. Through the restrictive measures adopted by the different governmental spheres in Brazil, the movement of people was restricted and several sectors of the economy, except those considered essential, were paralyzed. Several areas suffered consequences, not being different in the civil construction sector, where due to production interruptions, difficulty in acquiring inputs, among other problems, high above-average prices in various materials were found, which harmed construction contracts public services that were already in progress. This fact motivated several requests for economic and financial rebalancing by the contracted companies, alleging excessive burden. Thus, knowing the complexity of this theme, this study proposed to analyze a claim for rebalancing carried out by a company, in a public work located in the city of Pombal-PB, so that this analysis serves as a parameter for other processes of same nature that may arise. Based on what the bodies and authorities propose regarding the issue, a new rebalancing was carried out (called “proposed rebalancing”), with the objective of comparing it with the rebalancing requested and granted to the contractor. From this, converging and divergent points were identified between the two proposals. The rebalancing that was granted to the contractor totaled an increase of 8.59% in relation to the contracted value of the work, while the percentage to be increased found by the proposed rebalancing was 2.40%.