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This thesis examines the first edition of the New Red Book, an international model of contract of construction, launched by the International Federation of Consulting Engineers FIDIC in 1999. The present study is divided into two distinct but interdependent parts. The first of them will bring forward the concept of an international construction contract, with the purpose of verifying whether and when this contractual model should be considered an international contract, as well as the consequences resulting from that conclusion. The second part will discuss the New Red Book construction contract under the Brazilian legal system, regardless of whether it appears as an international or domestic contract. For this purpose, its legal specificity will be defined, with the consequent affirmation of its subjection to a specific legal regime. Once determined the rules to which the New Red Book will be subject when used under the Brazilian legal system, we will present the hypotheses in which it is believed that the contractual model should be adapted, in order to avoid the nullity of any contractual provisions, or even removed legal provisions of a subsidiary nature that conflict with the contract. Among the hypotheses discussed are those referring to timebars; to the right of retention; to the Dispute Board; to the suspension of the construction and termination of the contract; and the warranty period, comparing the legal provisions with those contained in the contract. Before presenting the conclusions, there is a chapter which briefly mentions the recent launch of the second edition of the Red Book 2017, indicating the main changes made by FIDIC, as well as its motives, or at least the inspiring principles of the second edition. As a conclusion, we will address the viability and use of the FIDIC Red Book contractual model under the Brazilian legal system, as well as the consequences of considering it as an international construction contract.

Contratos de Construção Internacionais - Modelo Contratual FIDIC New Red Book: Utilização sob o Contexto de Civil Law e Compatibilidade com o Sistema Legal Brasileiro