Paradigms of the administrative contract

an analysis from the general theory of law according to François Ost

Abstract

This article originates from an exploratory research aiming to analyze how the evolution of the legal paradigm into a network structure impacts the interpretation and application of administrative contracts in Brazil, especially regarding the reconciliation between public interest and the rigidity of contractual clauses. To this end, the research explores the paradigms of general legal theory, analyzing the reference models of jurist' action according to François Ost, and the paradigms of administrative law, which are based on the existence of a distinct legal regime. Finally, the challenges of long-term contractual relationships are highlighted, prompting a brief analysis of concession contracts. The research concludes that the perspective of an adaptable public administration, inclined towards conciliation and negotiation, yet still rooted in a solid and consolidated legal framework, seems to be the emerging paradigm of Brazilian administrative law. The originality of the research lies in reflecting on contemporary issues of administrative contracts in light of the new paradigms of legal theory, without losing sight of the fundamentals of the administrative legal regime.