THE INSUFFICIENCY OF THE TRADITIONAL PERSPECTIVE ABOUT RISK TO THE BALANCE OF
ADMINISTRATIVE CONTRACTS RESULTING FROM EXCHANGE RATE VARIATIONS AS IN THE
ANALYSIS OF ESPIRITO SANTO STATE CONTRACTS: TOWARDS A RISK ALLOCATION
PERSPECTIVE
Name: ARTHUR MOURA DE SOUZA
Publication date: 21/11/2018
Examining board:
Name |
Role |
|---|---|
| CLAUDIO PENEDO MADUREIRA | External Examiner * |
Summary: The State, in its mission, is obligated to celebrate contracts with private companies in order to provide goods and services that it can`t provide by itself, when its necessary guarantee the economic-financial equation of these relations. This guarantee, constitutionally foreseen, therefore, has been analyzed by the Traditional Perspective of Aleas or Risks. For this view, the economic-financial balance of contracts should always be assessed according to the dichotomy between predictable and unpredictable events (or risks). However, with the development of the market and the maturing of public contracts, the difficulty of assessing in practice began to be questioned among the most diverse types of measures or risks, whether they would be predictable, and therefore ordinary, or unforeseeable, and so extraordinary. This issue has been raising questions and insecurities, especially regarding the exchange variation in public contracts linked to foreign currencies. So, with this discussion in question I intend to evaluate if the application of Risk Allocation Perspective can help solve this dilemma. With this objective, data was collected regarding the contracts carried out by the Public Administration of Espírito Santo, submitted to the PGE-ES between 2012 and 2016 that had contracts related to the foreign market.
