A equação financeira dos contratos administrativos
: estabilidade e vicissitudes

  • Bárbara Suassuna de Faria Alves (Student)

Student thesis: Master's Thesis


The financial equation of administrative contracts is a topic that arouses interest since the autonomy of Administrative Law, as a branch aimed at disciplining the exercise of prerogatives and attributions of the Public Administration in relation to the rights of the administered, especially when they act as its collaborators. The interest in the matter is even greater in concessions and PPPs, due to the large associated investments, the presence of the exploration risk, interfering with the remuneration earned by the co-contractor, and the greater probability of oscillation of the agreement, due to the longevity trend. In this context, a preview identification and weighting of risks is important, because they influence the stability of the contract, giving rise to an equilibrium model that can be said to be dynamic. However, considering that human predictability is limited, this circumstance is not enough to prevent contractual vicissitudes, which may arise from unforeseen cases or from the Administration's own performance, as a pursuer of the public interest. In what exceeds the contractually assumed risks, such vicissitudes must be protected by law, in favor of the aggrieved party, which must be done, however, in the light of their specificities, under penalty of infringing important principles and guarantees. The financial equation of administrative contracts, especially concessions and PPPs, is, therefore, the central object of the text, whose analysis will be carried out in the light of portuguese and brazilian legal systems, not with the objective of making a study of comparative law, but, rather, to offer a reflection on the foundations and solutions adopted. The reflection will be supported by doctrinal and jurisprudential schooling, especially in that, considering that the issues addressed normally go to arbitral tribunals, whose publicity of the decisions is more restricted.
Date of Award24 May 2022
Original languagePortuguese
Awarding Institution
  • Universidade Católica Portuguesa
SupervisorRaquel Carvalho (Supervisor)


  • Financial equation
  • Financial balance
  • Economic-financial balance
  • Administrative contract
  • Concessions
  • Public-private partnerships
  • Risk
  • Allocation
  • Base case
  • Risk matrix
  • Theory of unpredictability
  • One-sided modification
  • Prince costume
  • Replacement
  • Rebalance
  • Compensation


  • Mestrado em Direito

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