Areas of expertise
Concessions and PPPs
The country's economic situation, and consequently that of our municipalities, is a major obstacle to investments in infrastructure.
In this way, the population is faced with several inefficient and outdated public services.
As the municipality does not have the technical and financial capacity to carry out the necessary investments to provide the population with a quality service, a very favorable environment is created for Public Concessions and Public Private Partnerships (“PPP”) of public services, such as public lighting , basic sanitation (water and sewage), management of health and education services, public transport companies, highways, railways, among others.
Concessions and PPPs differ from privatizations, as there is no sale of a public asset to the private entity, but rather a contract that allows the private entity to execute and economically exploit a public service that should be provided by the public entity.
When the concession contract and/or PPP ends, the asset, with all the investments made by the private sector, returns to the Public Power, which may or may not make a new concession.
Basislegal:
Law 8.987/95: Provides for the concession and permission regime for the provision of public services provided for in art. 175 of the Federal Constitution, and other provisions
“Art. 2, II - concession of public service: the delegation of its provision, made by the granting authority, through bidding, in the form of competition, to the legal entity or consortium of companies that demonstrate the capacity for its performance, at its own risk and for a period determined”;
Law 11.079/04: Establishes general norms for bidding and contracting public-private partnerships within the scope of public administration.
“Art. 2nd Art. 2nd Public-private partnership is the administrative concession contract, in the sponsored or administrative modality”
Concessions and PPPs differ from privatizations, as there is no sale of a public asset to the private entity, but rather a contract that allows the private entity to execute and economically exploit a public service that should be provided by the public entity. When the concession contract and/or PPP ends, the asset, with all the investments made by the private sector, returns to the Public Power, which may or may not make a new concession.
Sanitation
Concession of public services for the supply of drinking water and sanitary sewage, comprising project, construction, improvements, expansion, revision, operation and maintenance activities of the units that are part of the physical, operational and managerial system of production and distribution of water; collection, removal, treatment and final disposal of sanitary sewage, including the management of organizational systems, the commercialization of the products and services involved and the assistance to users.
Public-Private Partnership for the modernization, expansion, energy efficiency, operation and maintenance of public lighting facilities in the municipalities.
Street
lighting
Education
Public-Private Partnership for the implementation, expansion, modernization, adequacy and maintenance of school units in the municipalities.
Public-Private Partnership for the Construction, Management and Operation of Non-Assistant Services in Municipal Hospitals.