Limites para alterações consensuais nos contratos administrativos

Abstract

The present study aims to analyze the percentage limits for unilateral and consensual changes to administrative contracts, in front of the divergences in comparison with Laws n. 8666/1993 and 14133/2021. The new law maintained the prerogatives of the Public Administration to change contracts unilaterally, the percentage limits for additions and suppressions of the values initially adjusted and updated, with the contractor being obliged to accept, under the same adjusted conditions, the limits for additions or deletions indicated in art. 124. In a different way, the legislator did not repeat the arrangements of § 2º of art. 65 of Law n. 8666/1993 that allowed changes to the administrative contract for deletions and additions above the 25% limit if they are done consensually. Given the legislator's explicit mention of percentage limits for unilateral changes, qualitative consensual changes would not be subject to the limits established in art.125 of Law 14133/2021. The study is based on federal legislation and doctrine, making it possible to make a legal-comparative analysis between Laws 8666/1993 and 14133/2021 and to identify the unilateral and consensual changes in administrative contracts and the limits for additions and suppressions. In conclusion, administrative contracts can be modified in the cases provided by Law 14133/2021, in view of their characteristic of mutability, in order to maintain the public interest and maintain the economic and financial balance, respecting the limits for changes.