Concession contracts: analysis of the subsidiary liability of the public administration for labor debts

Abstract

Management and concession contracts, of which public-private partnerships are a type, have become the most dynamic form of state action in the economy. Given the trends of today's capitalism and the official public policy announced, they should multiply, in line with the announced Growth Acceleration Program (PAC) 2023. It is expected that, in the event of default by employers, it will be inevitable to ask, in court, whether the state can be held jointly or severally liable for labor debts. Therefore, the aim of this article is to verify the extent to which public administration liability occurs in concession contracts. The methodology applied is based on the deductive method and the research is qualitative in nature, with the data source based on documentary, bibliographical and case law research. It should be noted that the majority of case law recognizes that the public administration is subsidiarily liable for the debts of so-called "management contracts", a reasoning that should be extended to the labor debts of concessionaires, including in public-private partnerships.