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despite being expressly supported by the general Bidding law (act no. 8.666 / 93), the full reimbursement of contract amounts in the event of misconducts and frauds in public procurement is still an exceptional measure, based on the widespread perception held by Brazilian courts that such measure results in the unjust enrichment of public administration. in order to circumvent this interpretation and, at the same time, ensure that sanctions applied act as a deterrence against new offenses, Audit Courts have developed the theory of the “mitigated gross product”, which entails reimbursements for any malicious overpricing as well as for the profits regarding the works the contracted party actually performed. although court decisions fail to refer to the theory by its proper name, its foundations have increasingly become more present in case law and represent a feasible and legally robust alternative to a stricter and more burdensome measure, that is reimbursement for the entire contract amount. KEywORDS: government procurement. fraud. damages to the Treasury. gross product theory. mitigated gross product theory.

A teoria do produto bruto mitigado como alternativa para o ressarcimento de danos ao erário nas fraudes em contratações públicas