REFLECTIONS ON MITIGATION OF RISKS IN ADMINISTRATIVE CONTRACTS IN THE FACE OF PUBLIC CALAMITY SITUATIONS AND THE INSTITUTE OF LEGAL RECOVERY

Abstract

This article aims to reflect on the impact of the COVID-19 pandemic on Brazilian public contractual relations, focusing on the following aspects: i) the institute of judicial recovery, as a legal instrument to assist institutions that were unable to recover the financial crisis; ii) government risk management mechanisms that mitigate the impact of such events on the management of public accounts. In this sense, at the same time, it points out the business difficulties left by the pandemic and their relationship with the legislation currently in force, with the main focus being the Judicial Recovery and Bankruptcy law and the Strategic Management of Government Risks. Qualitative research methods were used, based on the documentary data collection instrument and data processing: content analysis. The research results indicate the need to change the legislation in question, in order to enable the judicial recovery mechanism to be improved and integrity and risk management practices to be better developed in the strategic management of the public sector.