A MUTABILIDADE DOS CONTRATOS ADMINISTRATIVOS DIANTE DA CONSTITUIÇÃO BRASILEIRA

Abstract

This work aims to convey the existing differences between the contract settled by privates and the administrative contract, as well as the one between the Public Administration and a private, with the goal of the latter’sproviding services to the former, always seeking to meetthe public interest. In order to settle an administrative contract, this work brings up the principles that must be respected, seekers of Administrative Law, such as the unavailability of the public interest and the supremacy of public interest over private, and also the constitutional principles of legality, publicity, morality, effectiveness, impartiality, reasonableness, proportionality, self-guardianship and, last but not least, principle of the continuity of public service. Moreover, this work addresses the point that the administrative contract is susceptible to mutations, through Exorbitant Clauses — prerogatives linked to public authority — whatsoever, unilateral contractual changes, unilateral termination by the Public Administration, supervision of contract execution, the temporary occupation of the private providers of public services’ properties by the contracting public entity, the application of penalties on non-compliance with contractual clauses and, finally, a demand of assurance — bond — in case of some great-economic-value contract.