The House of Representatives approved in a symbolic vote on Tuesday (7) the new legal framework for concessions and partnerships between the public and private sectors (PPPS). It is due to the analysis of the Federal Senate.
The project had a relationship Arnaldo Jardim Deputy (Citizenship-SP) and was analyzed amid an agreement between the Speaker of Parliament, Hugo Motta (Republican-PB), and party leaders so that there is no obstruction to vote. The topic is a priority for Roju and the government of President Louise Insio Lula da Silva (PT).
S. A new frame of ppps It seeks to update the rules and give more legal certainty of projects in the fields of energy, transport, sanitation and other public services concessions.
The proposal proposes auction rules, contractual balance, guarantees and final dates for analysis of control bodies.
Among the main points, the text specifies a 120 -day period for the Federal Review Court (TCU) to analyze concession projects submitted by organizational agencies or by a grant authority.
It also provides for automatic rates when determined by mathematical rates and formulas, without the need for a previous governmental or organizational agency, provided that the granting authority does not agree to values within 30 days after the contractual date.
The proposal also allows the intersection of projects from different sectors in the same contract, such as the port and railway, and brings lighter rules to transfer control over concepts in concessions.
Another innovation is the creation of “triple agreements” between granting power, concession and financiers, to ensure the continuity of projects even if there are problems with the operating company.
One of the most controversial points of opinion is to cancel an article on the Environmental Crime Law (Law 9.605/1998), which provides for imprisonment for public employees who are granted environmental licenses in disagreement with legislation.
