Contratos relacionais e infraestrutura: uma perspectiva entre direito e economia na análise de contratos sob informações assimétricas

From analytical tools provided by law and economics, particularly the Theory of Contracts under asymmetric information and the Theory of Relational Contracts, it was found that complex and long-term contracts, such as concession agreement and public-private partnership contracts, are incomplete normative structures, subject to asymmetric information, whose gaps cannot be previously integrated due to the prohibitive transaction costs required to perform this task and the environmental and behavioral uncertainties involved in these relationships. Complex contractual relationships that last over time are inevitably exposed to contingencies and risks not initially foreseen. In view of this, adaptive mechanisms and governance structures must be foreseen in advance in the contractual instruments that ensure, at the same time, the stability and flexibility required and necessary for this type of relationship.