O diálogo público-privado na busca por contratos mais eficientes: a utilização da request for proposal pelas empresas estatais

Abstract

Contemporary Public Administration has been opening itself to the participation of the most diverse actors, stimulating the public-private dialogue in the search for agreed solutions, which are more legitimate and transparent. In this context, the legal statute of state-owned companies attempts to reconcile the limitations imposed by public law with methods and procedures typical of private initiative, with the purpose of expanding the competitiveness of public companies, mixed-capital companies and their subsidiaries with other economic agents, through the rethinking of their contracts. This study aims to analyze the possibility of adoption by state-owned companies of the request for proposal (RFP), a mechanism widely used by private companies to present to the market their needs and scopes, in order to choose the most appropriate solution to meet the business demand, considering the proposals of interested parties. To achieve its objective, in addition to the literature review, it was analised TCU's jurisprudence on the subject, since the entry into force of Law 13.303/2016. In order to expose the results obtained from the research undertaken, this work was divided into three parts, in which it is discussed: the strengthening of public-private interaction in the current Administrative Law; the possibility of using the request for proposal by state-owned companies, its assumptions and the TCU case law on the subject; other instruments of exchange between public and private, such as the expression of interest proces (PMI) and the competitive dialogue, their similarities, differences, benefits and risks involved in their implementation.