RISK MATRIX IN ADMINISTRATIVE CONTRACTS: LEGAL IMPACTS OF ENVIRONMENTAL RISK ALLOCATION

Abstract

This article examines the Risk Matrix under the framework of Law No. 14,133/2021 as a fundamental instrument for mitigating litigation in administrative infrastructure contracts. The focus lies on the allocation of environmental risks, historically treated as na extraordinary contingency, and their conversion into elements of contractual predictability. The research discusses the tension between strict environmental liability and the maintenance of the contract’s economic and financial balance, analyzing the risks of unjust enrichment of the public entity in the full transfer of environmental liabilities. Using the deductive method and doctrinal analysis, it concludes that the correct pricing and distribution of these events during the planning phase are indispensable to ensure project sustainability and the protection of public funds.