Reversão dos Bens Pós-Concessão

121
739

Lei federal nº 8.987/95

Art. 18. O edital de licitação será elaborado pelo poder concedente, observados, no que couber, os critérios e as normas gerais da legislação própria sobre licitações e contratos e conterá, especialmente:

(…)

X – a indicação dos bens reversíveis;

XI – as características dos bens reversíveis e as condições em que estes serão postos à disposição, nos casos em que houver sido extinta a concessão anterior;

(…)

Art. 35 (…)

§ 1º Extinta a concessão, retornam ao poder concedente todos os bens reversíveis, direitos e privilégios transferidos ao concessionário conforme previsto no edital e estabelecido no contrato.

Art. 36. A reversão no advento do termo contratual far-se-á com a indenização das parcelas dos investimentos vinculados a bens reversíveis, ainda não amortizados ou depreciados, que tenham sido realizados com o objetivo de garantir a continuidade e atualidade do serviço concedido.

QUESTÃO CERTA: Extinta a concessão, retornam ao poder concedente todos os bens reversíveis, direitos e privilégios transferidos ao concessionário, conforme previsto no edital e estabelecido no contrato.

QUESTÃO CERTA: A reversão no advento do termo contratual far-se-á com a indenização das parcelas dos investimentos vinculados a bens reversíveis, ainda não amortizados ou depreciados, que tenham sido realizados com o objetivo de garantir a continuidade e a atualidade do serviço concedido.

QUESTÃO ERRADA: A reversão no advento do termo contratual consiste na incorporação, ao poder concedente, da totalidade dos bens do concessionário, mediante indenização.

Ficará apenas com todos os bens reversíveis. Não todos os bens do concessionário.

Além dos que foram entregues pelo Poder Público à concessionária (que chamamos de reversíveis), caso a concessionária tenha realizado investimento em bens (de forma a prestar serviço público non-stop e moderno) e, ao término da concessão, eles ainda não estejam completamente quitados pela empresa privada (dívida junto às Casas Bahia) – sendo que ela, a empresa, deverá entregar-lhes ao Poder Público – aí sim Caruaru deverá indenizar a ex-contratada.

Igualmente, caso esses bens possuam algum valor a ser usado, estrategicamente, a título de depreciação em suas demonstrações contábeis (para reduzir o seu lucro e, com isso, pagar menos impostos) – como se fosse uma espécie de crédito junto à Receita -, o município também indenizará o empresário ao ficar com eles.

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QUESTÃO CERTA: Cinco municípios limítrofes constituíram consócio público para gestão associada de serviço público de transporte coletivo de passageiros sobre pneus. Para prestação do serviço à população, o Consórcio constituído nos termos da Lei federal nº 11.107/2005, elaborou plano de outorga, realizou a licitação e celebrou contrato de permissão, observadas as normas da Lei federal nº 8.987/95. Tanto no edital de licitação como no contrato dele decorrente, para prestação adequada do serviço, foi prevista obrigação de aquisição, pela permissionária, de bens e equipamentos imprescindíveis à prestação adequada e continuada do serviço público, como veículos, bem como a construção e manutenção de uma garagem, onde também funcionaria o controle operacional do serviço delegado, em área própria da contratada, dentro dos limites territoriais de qualquer um dos cinco municípios integrantes do consórcio permitente. A respeito desses bens e equipamentos, é correto afirmar que: constituem bens reversíveis que, durante o prazo de vigência da permissão, integram o patrimônio da empesa permissionária, mas, ao fim da delegação, por serem imprescindíveis à prestação do serviço, passam para o patrimônio do consórcio público permitente.

QUESTÃO ERRADA: Extinta a concessão, retornam ao poder concedente todos os bens reversíveis, com exceção dos direitos e privilégios transferidos ao concessionário conforme previsto no edital e estabelecido no contrato.

QUESTÃO ERRADA: A reversão pode ser definida como a entrega, pelo concessionário ao poder concedente, dos bens vinculados ou não à concessão.

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