Uma análise da aplicação da teoria do equilíbrio econômico-financeiro na alteração de convênios

Abstract

The New Public Contracts Law, Law nº 14.133 of 2021, unlike the previous law of the same subject, Law nº 8.666 of 1993, did not include the essential requirements and procedures for agreements made by entities of the Public Administration. The article 184 of Law nº 14,770 of 2023, defined the circumstances under which these agreementes may be modified and the limits of such changes. To this end, the scenarios for value adjustments were linked to similar situations in which the Law allows contract modifications by agreement between the parties, aimed at restoring the economic and financial balance, as listed in item "d" of its article 124. Considering that the concept of economic and financial balance was developed for specific types of administrative contracts, the issue that arises is whether the same concept is suitable for justifying value adjustments in public agreements, given that it is through this type of arrangement that the public administration partners with public and private entities. The methodological approach adopted for the research was legal-dogmatic, considering the analysis carried out on doctrine and the Brazilian legal system.