As parcerias público-privadas como alternativa para provisão de infraestrutura no Pará: projeto regulatório voltado à atuação institucional do estado do Pará na estruturação de projetos

Abstract

This work aims to contribute with proposals for projects aimed at regulating the structuring of PPP projects in Pará. Therefore, it is organized into three main parts. The first part is dedicated to knowing the contractual model of PPPs in the light of Brazilian legislation, with an outline of concepts, modalities, its advantages compared to the traditional contracting regime, characteristics, stages of project structuring and its critical factors. The second part presents the context of the structuring of PPP projects in Pará. The third and last part contains the formulation of proposals for regulatory projects, where the arguments that justify and explain them are exposed, in compliance with art. 3, III, of Resolution No. 01 – PPGDDA, of April 7, 2021. Through the quantitative approach, the dimensioning of PPP projects nationwide was obtained, especially in Pará; while the qualitative approach provided an understanding of the dynamics of institutional relations in Pará - at the level of bodies and collegiate bodies - with legal attributions related to the structuring of PPP projects. Bibliographical research on the literature produced by other researchers around the structuring of PPP projects, in addition to the successful practices of Member States, provided subsidies so that it was possible to conjecture standardization propositions. The project proposals had as a reference the standardization of the States of São Paulo, Minas Gerais and Bahia and, from the formal point of view, they were produced observing the guidelines contained in the Manual for the Preparation of Drafts of Normative Acts of the Attorney General's Office of the State of Pará and in the national Complementary Law.