Desafios regulatórios das parcerias público-privadas: fins públicos e meios privados

Abstract

Initially, this study delineates the trajectory of the State and Public Administration, from the liberal to the subsidiary model, and the transition from bureaucratic to managerial governance, demonstrating that such changes foster the necessary context for the emergence of public-private partnerships. This collaborative model aims not only for greater efficiency in public service delivery and the viability of the extensive array of fundamental rights but also for national economic development—objectives unattainable in isolation. In this way, the inseparable relationship between constitutional economic order, constitutional economic principles, the objectives of the Republic, and fundamental rights is demonstrated, highlighting corporate social responsibility and the role of public procurement in fostering more sustainable and inclusive market behaviors. The thesis delves into the current legal framework of Brazilian Public-Private Partnerships, exploring their historical, fiscal, financial, guarantee, and control aspects, and identifying regulatory gaps. Practical national and international cases are then analyzed, seeking lessons from both successful and unsuccessful examples, which illustrate the challenges in implementing these projects. The State's role as facilitator and regulator in public-private collaborative arrangements is also highlighted. The research also introduces an innovative socioeconomic impact assessment model, the Integrated System for the Management and Evaluation of Public-Private Partnerships, that integrates digital technologies and social participation for the quantitative and qualitative measurement of results. In conclusion, the study offers a critical diagnosis of Bill No. 7.063/2017 and proposes a comprehensive set of regulatory innovations. The proposals include the creation of a National Public-Private Partnerships Agency for institutional standardization; the implementation of advanced governance mechanisms incorporating technologies such as big data and blockchain; contractual flexibility; the strengthening of social participation and diffused regulation; the adoption of risk-and-reward sharing models; the valuing of private consortia and associated management; the requirement for compliance programs and the guarantee of labor and social security rights; in addition to a pedagogical role for the Courts of Accounts. This set of innovations aims to consolidate a more integrated, transparent, efficient, and socially responsible regulatory environment for Public-Private Partnerships in Brazil.