Administrative contracts:

exorbitant clauses and their relationship with the principle of the supremacy of the public interest in accordance with Law 14.133/2021

Abstract

This article aims to investigate how exorbitant clauses of administrative contracts are related to the principle of the supremacy of the public interest. In this sense, it was investigated whether, in the administrative contracts, the exorbitant clauses position (or not) the Government in a higher degree than the contracted. In a didactic exposition, it seeks to go from the contractual origin to the solid formation of administrative contracts, addressing their legal foundations, their concept and their characteristics, with emphasis on the prerogatives conferred on the Public Administration in the relations governed by Law 14.133/2021. This is a relevant study for numerous areas, especially for legal operators who deal directly with bidding processes.