The House of Representatives approved, in a symbolic vote on Tuesday (7), the new legal framework of concessions and public-private partnerships (PPPs). The project, which seeks to modernize the rules and guarantee more legal certainty for infrastructure investments, now goes to the Federal Senate.
With the rapporteur of Deputy Arnaldo Jardim (Citizenship-SP), the proposal was voted without obstruction after an agreement between the president of the House, Hugo Motta (Republicans-PB), and party leaders. The text is considered a priority by both the House command and by the government of President Luiz Inacio Lula da Silva (PT), who sees in concessions a strategic tool to accelerate investments in areas such as energy, transport and sanitation.
Among the main points, the new landmark establishes a 120 -day period for the Federal Court of Audit (TCU) to analyze concession projects submitted by regulatory agencies or by the granting authority. The measure seeks to give greater predictability to bidding processes and reduce bureaucratic barriers that often delay investments.
The text also provides automatic tariff adjustments, provided it is defined by mathematical formulas or contracts provided for in the contract. If the granting authority does not manifest within 30 days after the contract base date, the increase will be automatically applied. Change is seen as a stimulus to the private sector, which will have greater predictability about revenues.
Another project innovation is the possibility of uniting different sectors in the same contract, such as the joint concession of a port and a railway, which can facilitate the financing and execution of large enterprises. The so -called “tripartite agreements” were also introduced, allowing financiers, concessionaires and the granting authority to negotiate directly in case of problems with the operator, ensuring the continuity of services.
However, the project also brings controversial points. One of the most debated is the revocation of an article of the Environmental Crimes Law (Law 9.605/1998), which provides for prison sentence for public servants who grant environmental licenses in disagreement with the legislation. Critics fear that the change facilitates the granting of irregular licenses, compromising environmental protection.
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For advocates of the new milestone, the changes make Brazil more attractive for investments, especially in infrastructure, by offering clearer and more predictable rules. The government bets that the measure will help unlock billions in investments and boost economic growth.
The expectation now is that the text will be quickly analyzed by the Senate, where there is also support between party leaders for its approval.
