Contratos administrativos: uma análise principiológica das cláusulas exorbitantes e suas limitações

Abstract

The government aims at the realization of the public interest. For such, needs often hire property and services that is not self-sufficient. When this contract is between the government and private entities, there are a number of constitutional and legal principles that govern the entire procedure, from choosing the future contracted until the termination of the contract. The bid is a form of contracting quite bureaucratic and inflexible, but necessary to prevent fraud, obtaining the best possible proposal. After this process, the administration signed the so-called administrative contract. In this contract, there are many differences in relation to contracts agreed in private enterprise between private individuals or corporations. One of the differences are called exorbitant clauses, which bring a range of powers to the State administration. The State administration is the contractor with greater power, which may take various action which are not authorized to the private contractor. Through bibliographic method, carried out a study to investigate whether there is an ideal way to weigh principles, which result in a fair outcome for the contractor, and beneficial to the whole community, which is indirectly the contractor. It was concluded that there are several legal provisions and principles as instruments available to the public manager that properly used, lead to the achievement of the public interest in a balanced way.