Requisitos e limites para alterações unilaterais no contrato administrativo

• Autor(a) principal: Barboza, Olavo Sachetim Barboza
• Data de Publicação: 2015
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://repositorio.pucsp.br/jspui/handle/handle/35241
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PUBLICO::DIREITO ADMINISTRATIVO; Contrato administrativo; Alteração unilateral; Requisitos; Limites; Pencentuais; Administrative contracts; Unilateral change; Limits; Percentage

This study aims to analyze the hypotheses of unilateral change of administrative contracts, governed by the law 8.666/93, by means of exploring its types, requirements and limits as well as analyzing its jurisprudential implications. First, we will present general considerations about the administrative contract, the definitions introduced by its doctrine and its characteristics and principles, which have consequences on the unilateral changes made by Management. As far as the hypotheses of contractual changes are concerned, initially, we will classify the types of modification permitted by the law 8.666/93, taking into consideration the ones that are consensual and unilateral. Concerning the unilateral changes, which are divided into qualitative, quantitative and qualitative changes with quantitative aspects, firstly, we will establish the general requirements, which are common to any type of unilateral change and are presented in a phased way. By detailing each type of unilateral change, we will address the specific requirements in the chapter about limits, with the characteristics that each kind of change requires. At this point, we will discuss the doctrinal and jurisprudential considerations about the application of percentage limits set by the law 8.666/93 and the possibility of implementing them, especially considering what The Federal Court of Accounts and the State of São Paulo Court of Accounts states. Therefore, this study will present conclusions derived from the exposure, especially in relation to the application of limits on unilateral change and the practical implication of the divergent orientation