Avaliação da proposta de readaptação e otimização dos contratos de concessão de rodovias federais como alternativa para solução de projetos com amplo descumprimento contratual

Abstract

Over the years, the federal highway concession program has brought numerous benefits by improving the quality of highways. However, it has also presented challenges, such as dealing with significant contractual breaches. In such cases, measures have been taken to declare the termination of contracts, often with limited success. Alternatively, the concept of re-bidding was introduced, which so far is considered ineffective in resolving these "stressed" contracts. As a new alternative, the government has proposed the readaptation and optimization of these concession contracts, involving extensive renegotiation with current concessionaires. This study evaluates this new alternative, comparing it with others and concludes that the readaptation and optimization of contracts can represent risks to the concessions program by exceeding the limits of a contractual renegotiation.