Governance and integrity in public administration: Application to infrastructure concessions and PPPS

Abstract

Objective: This article examines the role of public governance and integrity programs (compliance) in preventing risks and promoting legal certainty in infrastructure concessions and public private partnerships. It analyzes how leadership mechanisms, risk management, internal controls and accountability, established by Laws 14.133/2021 and 12.846/2013 and Decrees 9.203/2017 and 11.129/2022, strengthen contractual integrity and efficiency.

Method: The study adopts a qualitative analytical approach based on normative, bibliographical and documentary review. The analysis includes legal frameworks, governance guidelines, CGU manuals, TCU reports and academic literature on integrity risks, public compliance and governance in infrastructure contracts.

 Findings: The results indicate that concessions and PPPs are highly exposed to integrity risks such as cartels, overpricing, improper amendments and informational asymmetries. The study demonstrates that effective integrity programs must incorporate prevention, detection and remediation actions, structured risk management and alignment with the three lines of defense model established by the new Public Procurement Law. Institutional maturity and leadership commitment are identified as decisive factors for control effectiveness and reduction of fraud and corruption.

Conclusions: The study concludes that governance and integrity are essential components for legal certainty, regulatory predictability and economic efficiency in concessions and PPPs. Well implemented compliance programs strengthen public private trust, enhance transparency, reduce transaction costs and promote stable, ethical and sustainable contract performance throughout the project lifecycle.