Aspectos orçamentários das parcerias público-privadas

• Autor(a) principal: Sant'Anna, Lucas de Moraes Cassiano
• Data de Publicação: 2016
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://tede2.pucsp.br/handle/handle/7083
• topic: PPP; Orçamento público; Dívida pública; Infraestrutura; Investimentos; Public budget; Public debt; Infrastructure; Investments; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO

The scarcity of public resources requires the use of ingenious and complex contractual arrangements by the Public Administration to provide at the same time investments in the country s infrastructure and high quality public services. Public-Private Partnerships arise, as well as a way to make the necessary investments without compromising the public budget immediately, as they allow the dilution of the payment for the infrastructure and services provided over up to 35 years. The assumption of obligations by the Public Administration has, however, impacts on the budget, since it binds many other agents to the consideration of payment assumed in chronologically earlier time. Moreover, the assumption of the payment of consideration could mean the same as take on debt, increasing the debts of Public Sector. These aspects will be analyzed throughout this work. The path to that answer begins in the analysis of the historical context of the creation of the PPP model. As a second step, we treat the organization of the public budget in Brazil and define basic concepts of financial law, such as public debt. Within this context, we identified the treatment of expenditure on PPPs, in accordance with the National Treasury. Then we analyze the essential characteristics of PPP contracts and differentiate it from loans natural public debt generators. Then, we dedicate to addressing the issue of Ordinance 614, of the National Treasury. This is the valid and legitimate instrument to establish the parameters for the accounting of PPPs as debt, in very specific cases. Ordinance STN 614 is an accounting tool, but it has great links with legal concepts that must be properly handled by the legal profession, especially when it comes to allocation of risks of PPP contracts. The way the risks of construction, availability and demand have been allocated will determine eventually the accounting of expenses a given PPP as public debt. Finally, we conclude that PPPs are indeed important contractual arrangements and the rules of budgetary control force point the way to the Public Administration to use the institute to the fullest and avoid deviations that could lead to excessive public debt and the lack of control of public expenditures