Regime diferenciado de contratações públicas e contratação por resultados no Brasil

Abstract

This work aims, in summary, study of hiring for results as an instrument to increase the efficiency of Administration. The research is initiated with the analysis of the international scenario and the main types of contracts by result: Payment by Results and Social Impact Bonds, wich have as a common feature the transfer to the individual the financial and operational risks in the provision of services of public interest and the remuneration proportional to the results. This research will also focus on the Differentiated Public Procurement Regime, inaugurated in Brazil to attend major sporting events and later became perennial. Will be demonstrated that it innovated the public procurement in Brazil with notable characteristics, as possibility of integrated contracting, possibility of the estimated budget, reversal of bidding phases and forecast of a single resource, all in order to ensure more speed (in bidding and contract execution) and avoid collusion and other attacks on public competition. Finally, the performance contracts foreseen in this regime - variable remuneration agreement and efficiency contract - will be studied to perform a comparative analysis with the PbR and the SIBs and evaluate the implementation of these in Brazil under the framework of the differentiated regime.