Contratos incompletos, parcerias público-privadas e concessões : uma análise da alocação de riscos na BR-101/ES/BA

Abstract

This dissertation aims to carry out a case study of the concession of the federal highway BR-101/ES/BA, demonstrating the flaws and possible adjustments that maypromote greater economic performance. Based on the on transaction costs economyand property rights, the institutional and contractual characteristics of hybridarrangements are established - such as PPPs and concessions, demonstrating theincompleteness of the adjustments, especially in long-term transactions. In theanalytical framework, a risk allocation matrix and the premises for achieving anefficient allocation were presented, a requirement for the advantages of PPPs, such asobtaining Value for Money. Results of the experience with PPP’s in the UnitedKingdom, Australia and Chile demonstrated the importance of these arrangements inthe provision of infrastructure. As a result of the case study, it is concluded that thecontract signed between ANTT and ECO101 presents a mostly adequate riskallocation, but that did not promote an efficient performance, since the institutional relationship unfolds on a project whose planning stage was inadequate, in view ofproblems that were known to occur before the bidding procedure. Finally, despiteadvances in relation to past road concessions, there is a need for maturing with PPPsand concessions, progress that necessarily involves the dimension of risk allocation