Direito fundamental à boa administração pública e governança: as parcerias público-privadas dos serviços de iluminação pública no âmbito municipal

Abstract

This paper analyses public-private partnerships (PPPs) contracts established by Law Number 11.079/2004, signed by municipalities, transferring to private enterprises responsibility of providing street lighting. There is no doubt that this is an essential service, as well as it surely improves citizen’s quality of life, since it is directly linked to crime rates and to urban mobility at night. Since Brazilian Electricity Regulatory Agency’s Resolution Number 414/2010 came into effect, municipalities are obliged to take over the assets related to street lighting, and, owing to the contingency of public spending and to the lack of expertise in the execution of this service, they have been looking for partnerships with private capital to invest in this infrastructure sector. Currently, the street lighting segment leads PPPs projects underway in the country. Taking into consideration the large amount of public funds and that it is a long-term contract model, the present analysis is justified by the fundamental right to good governance and public administration in order to improve these contractual partnerships. After all, how far these partnerships fulfill the fundamental right to good governance and public administration? Thus, this subject is current and goes beyond academic and rhetorical debates. Therefore, this paper aims to demonstrate the compatibility between PPPs of street lighting services and fundamental right to Public Administration, but in need of improvements in legislation on this subject, as well as on respective contracts. The research carried out a theoretical framework, with the literature review methodology on the approached subjects.