As parcerias público-privadas e o desenvolvimento sustentável do Amazonas: uma análise da Lei Estadual nº 3.363/08

Abstract

This dissertation aims to elucidate if public-private partnerships (PPPs), especially those instituteds by State Law n. º 3,363/08, can contribute to develop sustainably the Amazonas, overcoming the socioeconomic isolation obstacles of the region and the difficulty to have a model more inclusive and full of autonomy determined by its harmony with the ecological potentials. So, this investigation adopted the dialectical approach methods, comparative and historical procedure methods and research techniques of indirect documentation (bibliographic and documentary). It begins explaining the development connotation that will guide the research, distinguishing it from economic growth, assuming it sustainable as dynamic and complex process (composed by growing economic, environmental, social, political etc.) that centers on expanding human freedoms. After examining the history of the theme, it was verified its crystallization in the legal order as validity of conducts parameters and as fundamental human right to be duly executed according the emerging values of determined social reality (development in concreto). Following the visit of the Amazon history by the socioeconomic cycles of the region, factors were extracted of Amazonas underdevelopment and based on theses it becomes possible the overcoming of this scenario to trigger the development, covering the combat of the State preponderance among others social actors, and the repair of the economic primacy in the midst of social exclusion and indifference ecological (and its potentialities). Identified the best consistent development with the amazon peculiarities, it was understood the basic structures of PPPs in the strict sense of the Federal law of PPPS No. 11,079/04 and the law amazonense law PPPs No. 3,363/08, revealing the common feature of complexity in the development and the study of Amazonian since it provides for the grant of public service and/or construction, extension, maintenance, facilities management and reform, goods or equipment for public use; or intangible rights of ownership of the State, including trademarks, patents and databases, methods and management techniques in the areas of education, health, welfare, transportation, sanitation, science, research and technology, agriculture and other areas of economic interest. Therefore, PPPs contribute in overcoming/mitigation socioeconomic isolation of Amazonas and its indifference to the potential environmental, because it is about hiring State large infrastructure works relating to public service (or not) with greater assurance of income to particular, promoting the meeting of the State with the private initiative in the public interest. Finally, were analyzed the federal strategies of sustainable in Amazon Sustainable Plan (ASP) and the economic potential of forestry assets in local productive arrangements highlighted (LPA) in the segments of phytotherapeutic/phytocosmetic products, timber and ecoturism, where were detect proposals that shown these capabilities with the use of PPPs to concrete development in the region, establishing its suitability, especially those conferred by the law of Amazonas No. 3,363/08, as an instrument for overcoming the factors that undevelop Amazon space.