PUBLIC-PRIVATE PARTNERSHIPS (PPPs) AND CONCESSIONS OF PUBLIC SERVICES IN BRAZIL

This paper examines the current regulation of public-private partnerships (PPPs) and concessions of public services inBrazil. Under the Brazilian Constitution, certain public utility services and infrastructure works must be provided or built either directly by the government or through a government...

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Main Author: C. A. G. Pereira
Format: Article
Language:English
Published: Publshing House V.Ема 2016-06-01
Series:BRICS Law Journal
Subjects:
Online Access:https://www.bricslawjournal.com/jour/article/view/4
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author C. A. G. Pereira
author_facet C. A. G. Pereira
author_sort C. A. G. Pereira
collection DOAJ
description This paper examines the current regulation of public-private partnerships (PPPs) and concessions of public services inBrazil. Under the Brazilian Constitution, certain public utility services and infrastructure works must be provided or built either directly by the government or through a government franchise. Such franchise takes the form of either concessions or PPPs. The difference between the two is based on the form of government contribution. PPPs are concessions in which part or all of the concessionaire’s compensation is paid by the government and does not come directly from the revenue gained through the service or work at issue. These contractual arrangements are available and actually employed throughout all government levels inBrazil. Most of the government activity in these areas in the past 20 years has adopted a concession or PPP format. By analyzing the main features of the Brazilian concession and PPP system, this paper aims to offer the international reader an introductory view of the legal framework behind most large-scale investments in Brazilian infrastructure.
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publishDate 2016-06-01
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spelling doaj-art-41dd6cdb875b4f14a52b3171887a16472025-08-20T03:40:00ZengPublshing House V.ЕмаBRICS Law Journal2409-90582412-23432016-06-0111254310.21684/2412-2343-2014-1-1-25-433PUBLIC-PRIVATE PARTNERSHIPS (PPPs) AND CONCESSIONS OF PUBLIC SERVICES IN BRAZILC. A. G. Pereira0Justen, Pereira, Oliveira & Talamini Law FirmThis paper examines the current regulation of public-private partnerships (PPPs) and concessions of public services inBrazil. Under the Brazilian Constitution, certain public utility services and infrastructure works must be provided or built either directly by the government or through a government franchise. Such franchise takes the form of either concessions or PPPs. The difference between the two is based on the form of government contribution. PPPs are concessions in which part or all of the concessionaire’s compensation is paid by the government and does not come directly from the revenue gained through the service or work at issue. These contractual arrangements are available and actually employed throughout all government levels inBrazil. Most of the government activity in these areas in the past 20 years has adopted a concession or PPP format. By analyzing the main features of the Brazilian concession and PPP system, this paper aims to offer the international reader an introductory view of the legal framework behind most large-scale investments in Brazilian infrastructure.https://www.bricslawjournal.com/jour/article/view/4administrative law in brazilpublic servicesconcessionspublic-private partnership (ppp)public biddinginvestmentsarbitrationdispute resolution
spellingShingle C. A. G. Pereira
PUBLIC-PRIVATE PARTNERSHIPS (PPPs) AND CONCESSIONS OF PUBLIC SERVICES IN BRAZIL
BRICS Law Journal
administrative law in brazil
public services
concessions
public-private partnership (ppp)
public bidding
investments
arbitration
dispute resolution
title PUBLIC-PRIVATE PARTNERSHIPS (PPPs) AND CONCESSIONS OF PUBLIC SERVICES IN BRAZIL
title_full PUBLIC-PRIVATE PARTNERSHIPS (PPPs) AND CONCESSIONS OF PUBLIC SERVICES IN BRAZIL
title_fullStr PUBLIC-PRIVATE PARTNERSHIPS (PPPs) AND CONCESSIONS OF PUBLIC SERVICES IN BRAZIL
title_full_unstemmed PUBLIC-PRIVATE PARTNERSHIPS (PPPs) AND CONCESSIONS OF PUBLIC SERVICES IN BRAZIL
title_short PUBLIC-PRIVATE PARTNERSHIPS (PPPs) AND CONCESSIONS OF PUBLIC SERVICES IN BRAZIL
title_sort public private partnerships ppps and concessions of public services in brazil
topic administrative law in brazil
public services
concessions
public-private partnership (ppp)
public bidding
investments
arbitration
dispute resolution
url https://www.bricslawjournal.com/jour/article/view/4
work_keys_str_mv AT cagpereira publicprivatepartnershipspppsandconcessionsofpublicservicesinbrazil