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The objective of this essay is to describe and analyze the legal norms published by Federal Law 13,303/2016, pertinent to contracts entered into by state-owned companies (public companies, mixed-capital companies and their subsidiaries), using the methodology recommended by the Legal Dogmatic (or Law Science in the strict sense). The following Public Law exemptions can be identified in the legal regime of contracts governed by Federal Law 13,303/2016: (i) the requirement of prior administrative proceedings to conclude the legal transaction; (ii) the right of the state-owned company to demand guarantees from the contractor; and, (iii) the state-owned company's ability to apply administrative sanctions to the contractor. In addition, these contracts of state-owned enterprises are subject to the legal regime of Private Law. Therefore, the contractor has the same rights as the individual, except for those special prerogatives that the law still recognizes. These rights do not lose their instrumental character in the face of public interest, even by injunction of the principle of the social function of the contract.

Novo regime jurídico dos contratos das empresas estatais