Parcerias público-privadas e novo marco legal das concessões: perspectivas para a viabilização de projetos de cidades inteligentes no Brasil

Abstract

Public-private partnerships (PPPs) are an institution adopted by municipalities and states to implement the concept of smart cities in their urbanization and to install infrastructure and public services for citizens in the face of budgetary constraints. In this context, Bill (PL) No. 7,063/2017 is currently being processed in the Chamber of Deputies with the aim of modernizing, providing greater legal certainty and attracting private investment to establish partnerships and execute infrastructure works. The general objective of this paper is to analyze PPPs, the new legal framework for concessions and the prospects for making smart city projects viable in Brazil, as well as, in the specific objectives, to present the doctrinal basis for concessions, to present data related to infrastructure and public services, to address the concepts of smart cities and to collect data on the proposed changes as a way of contributing to the academic debate on the subject. For this purpose, bibliographic research and the hypothetical-deductive approach method were used. As a result, changes that are capable of influencing and fostering new projects under the smart city model on national soil were highlighted, in addition to points where there is resistance in relation to control bodies and the government. It is concluded that PPPs are a viable model, as long as it is observed that the citizen is the main recipient and holder of fundamental rights.