Administrative Contracts: Reflections on the limitations of exorbitant clauses

Abstract

In view of the inherent prerogatives of the Public Power vis-à-vis private individuals in administrative contracts, this article aims to reflect on exorbitant clauses in administrative contracts, their use, their characteristics, their species and their limitations. Based on this analysis, the topic of certain rights and guarantees in the Constitution was explored, such as the supremacy of the public interest over the private interest and economic and financial equilibrium. In order to carry out this work, a study was carried out through bibliographical research, analysis of legal provisions and doctrinal teachings in the areas of constitutional and administrative law. In fact, due to these principles, the feasibility and possibility of restricting the indiscriminate and abusive use of exorbitant clauses by the Public Administration was verified, since the legitimate use of such prerogatives is not indiscriminate and can be mitigated.