Os comitês de resolução de disputas (dispute boards) nas concessões dos serviços de iluminação pública: análise de cláusulas contratuais a partir das diretrizes de organismos internacionais

Abstract

Development - Banco Nacional de Desenvolvimento Econômico e Social (BNDES) have been modeling concession agreements for public lighting services by including such clauses. Thus, the study aimed to identify whether the clauses modeled by CEF and BNDES comply with the guidelines of these international bodies, and if there are standard clauses from CEF and BNDES that are replicated in these agreements. To address these questions, the contractual clauses of 26 public lighting concession agreements were analyzed: 16 from CEF and 10 from BNDES. It was concluded that there is a similarity between the clauses modeled by the Brazilian structurers. However, there is a need to improve these contracts based on the guidelines and recommendations established by those international bodies, which have not been fully incorporated into the clauses of the agreements studied.