Post by xyz3700 on Feb 26, 2024 23:04:07 GMT -8
Risk management refers to a macro dimension, referring to the need for institutions (companies, non-profit entities, Public Administration bodies and entities) to be concerned with exercising functions aimed at self-control, with the aim of preventing the commission of fraud and illegalities.This macro dimension is called institutional compliance . It is addressed in diplomas such as the Law on State-Owned Companies by requiring, for example, that state-owned companies observe in their statutes “rules of corporate governance, transparency and structures, risk management and control practices internal” (article 6); and the Anti-Corruption Law (Law 12,846/2016), when considering, when applying sanctions, the fact that the legal entity has “internal mechanisms and procedures for integrity, auditing and encouraging the reporting of irregularities and the effective application of codes of ethics and of conduct” (article 7, VIII).
Risk management is thus linked to “integrity programs”, understood in Administrative Law as “a set of internal mechanisms and procedures for integrity, auditing and encouraging the reporting of irregularities and the effective application of codes of ethics and of conduct, policies and guidelines with the aim of detecting and remedying deviations, fraud, irregularities and illicit acts committed against the public administration” (article 41, caput of Decree). On the other Chinese Malaysia Phone Number List hand, the expression “risk matrix” has a stricter dimension, referring to the contractually foreseen clause with the purpose of regulating the objective distribution of risks between the parties – contractor (Public Authority) and contractor (private). When talking about “risk matrix”, therefore, the diplomas that govern public contracts do not target the entire risk management of an organization, but rather, in a narrower view, only seek to weigh the management of risks specifically linked to that particular contract.
Its function, therefore, is limited (although no less important): to regulate the distribution of contractual risks between the contracting parties. By its nature, the risk matrix of a given contract will represent a consequence of the general notion of risk management, but its objective is more restricted, appearing as a contractual definer of the economic-financial balance between the parties involved. Hence the name adopted here as contractual compliance to refer to this reality. 2. Risk matrix in construction contracts: legislative evolution Having made the distinction, here we intend to outline some reflections on the risk matrix in the context of public works contracts. The study of the topic is marked by an evolutionary line: (i) experience in the scope of concessions; (ii) the incipience of risk sharing in the RDC; (iii) the express provision in the State Law. In the scope of concessions, with Law 8,987/95, the expression “at your own risk”, present in article 2, items I, II and III was responsible for attributing to the concessionaire a complex of risks arising from his choices.
Risk management is thus linked to “integrity programs”, understood in Administrative Law as “a set of internal mechanisms and procedures for integrity, auditing and encouraging the reporting of irregularities and the effective application of codes of ethics and of conduct, policies and guidelines with the aim of detecting and remedying deviations, fraud, irregularities and illicit acts committed against the public administration” (article 41, caput of Decree). On the other Chinese Malaysia Phone Number List hand, the expression “risk matrix” has a stricter dimension, referring to the contractually foreseen clause with the purpose of regulating the objective distribution of risks between the parties – contractor (Public Authority) and contractor (private). When talking about “risk matrix”, therefore, the diplomas that govern public contracts do not target the entire risk management of an organization, but rather, in a narrower view, only seek to weigh the management of risks specifically linked to that particular contract.
Its function, therefore, is limited (although no less important): to regulate the distribution of contractual risks between the contracting parties. By its nature, the risk matrix of a given contract will represent a consequence of the general notion of risk management, but its objective is more restricted, appearing as a contractual definer of the economic-financial balance between the parties involved. Hence the name adopted here as contractual compliance to refer to this reality. 2. Risk matrix in construction contracts: legislative evolution Having made the distinction, here we intend to outline some reflections on the risk matrix in the context of public works contracts. The study of the topic is marked by an evolutionary line: (i) experience in the scope of concessions; (ii) the incipience of risk sharing in the RDC; (iii) the express provision in the State Law. In the scope of concessions, with Law 8,987/95, the expression “at your own risk”, present in article 2, items I, II and III was responsible for attributing to the concessionaire a complex of risks arising from his choices.