Português Potential impact of adopting Dispute Boards in contracts by the public administration

Abstract

This paper proposes to explore the legal feasibility and convenience of the usage of Dispute Boards by Public Administration as an instrument for the prevention and solution of conflicts in Brazilian infrastructure projects. In this sense, the study began with a bibliographic review and analysis of secondary data of Brazilian public infrastructure works, as well as on the current normative scenario and projected legislation. As a result, a great challenge of efficiency, integrity and agility of the sector has been identified. Notably, the difficulty of public agents to act with innovation and to safeguard the responsibility for decision-making outside the auspices of the Judiciary were pointed out and also the great impact of the Courts of Accounts. On the one hand, there is the enormous number of infrastructure works paralyzed by the inefficiency of the system of conflict prevention and solution, and, on the other hand, there is a need for investment and promotion of improvements in the Brazilian infrastructure. Such mechanism seems to allow the reduction of costs in the prevention and resolution of conflicts related to the works and to guarantee a greater protection so the works are not paralyzed. Finally, the adequacy of this instrument also prestige the recent “Lei de Introdução às Normas do Direito Brasileiro” commandments, especially with regard to the Audit Courts, as standing to its pedagogical and harmonizing function.