Requisitos legais à concessão administrativa da recomposição do equilíbrio econômico-financeiro dos seus contratos à luz da boa-fé objetiva

Abstract

This paper aims to present an interpretation regarding legal requirements to administrative concession of economic-financial balance recomposition of their contracts under the Principle of Objective Good Faith. By means of this interpretation, the legislative text was analyzed, combined with doctrine and jurisprudence, particularly decisions granted by the Federal Court of Accounts. The term "administrative concession" denotes the understanding of the Public Administration on its administrative contracts, before a possible request made by an individual for a recomposition of contracted prices. In this context, it is up to the Public Administration to conduct a thorough analysis of the request, checking whether the material and formal requirements, essential to the petition’s approval, are completed and duly proven in the records of the Administrative Procedure. This research is divided into two chapters, covering respectively the following topics: Economic-Financial Balance in Administrative Contracts, and Requirements for the Concession of Economic-Financial Balance Recomposition.