Matriz de riscos em contratos de obras públicas: dinamismo necessário.

Abstract

The adoption of a risk matrix clause in ordinary public contracts is one of the most significant innovations of the New Brazilian General Law of Public Contracts (Federal Law nº 14.133/21) and we still don´t know what will be the main challenges with the profusion of its use in public construction contracts. The present work aims to understand what a risk matrix is, how it is elaborated and how it is used, in addition to ascertaining the main problems and potential flaws of this mechanism in public construction contracts to propose methods for the individual and the Public Administration better operate the risk matrix. For the development of the investigation, theoretical research was carried out by the legal-dogmatic aspect, with a comprehensive/interpretive and prospective character. The primary data analyzed were federal laws and technical standards that deal with risk allocation in public contracts and risk matrices; while secondary data were extracted from specialized doctrine, academic articles, studies, statistical research and guides on the topic. All sources were submited to qualitative analysis, reputed to be the most appropriate method for the type of research and the proposed objectives. In the end, it was possible to conclude that the risk matrix must be understood as a dynamic instrument, subject to changes, revisions and reinterpretations throughout the execution of a public construction contract, so that the parties can identify and correct flaws in the initial design or adapt it to changes in the risk scenario that threaten the enterprise.