O controle dos contratos de patrocínio na administração pública: limites, critérios e desafios

Abstract

This paper analyzes the control of sponsorship contracts entered into by the Public Administration, focusing on their limits, criteria, and challenges. It is based on the premise that administrative sponsorship, as an atypical contractual instrument, lacks a systematic legal framework, which contributes to legal uncertainty and to the strengthening of ex post control by oversight bodies. Initially, the study examines the transformations of contemporary Administrative Law that enabled the incorporation of atypical negotiated instruments into state action, as well as the legal nature of administrative sponsorship contracts. Subsequently, it critically analyzes the current control model, with particular attention to the case law of the Federal Supreme Court and the Federal Court of Accounts. Finally, the paper argues for the development of control parameters more consistent with the nature of administrative sponsorship, capable of reconciling the protection of the public interest with the preservation of the specific characteristics of this contractual modality and administrative discretion.