A paralisação de grandes obras públicas na cidade do Rio de Janeiro: o seguro-garantia como instrumento eficaz de execução contratual

Abstract

The thesis sheds light on the problem of abandonment of public works. With the intention of mitigating the gap between city management and citizens, it is intended to demonstrate that the implementation of constructions conducted by public authorities is closely linked to the consecration of public interest in its most modern conception. Therefore, solving this historical obstacle in the Brazilian reality is the same as returning the city to its citizens, since the lack of management or the preponderance of private interests turns into real problems for the population. From the perspective of large-scale public works contracts carried out in the Municipality of Rio de Janeiro, from 2017 onwards, this thesis will evaluate solutions and mechanisms that contribute to the advancement of projects, revealing that the modeling of bidding and the instruments applied must be aligned with the direction of efforts to deliver results for the plurality of society's interests, enshrining the right to the city, which refers to the idea that all people have the right to actively participate in urban life, contribute to the definition and transformation of spaces urban areas and enjoy the benefits that the city offers in an equitable and democratic way. In this sense, the problem will be investigated based on the survey of diagnoses on the abandonment of public works made available by the Municipal Court of Auditors, the study of literature about the insurance guarantee institute as an effective instrument in contractual compliance, the legislative analysis regarding the proposition of minimum percentages of policy requirements and jurisprudential research, in order to observe how the legal system privileges the public interest when in conflict with free competition, which is why the percentage of insurance guarantee policy for the completion of public works , established by Law No. 14,133/2021, must be revisited. Thus, this research seeks to contribute to the adequate application of the principles in national legislation, revealing the impact of the stoppage of public works on the development of cities and, also, on guaranteeing fundamental rights to citizens.