↓ Archives ↓

Federal Constitution

The licitation is, before everything, a procedure directed to the satisfaction of a purpose of public interest. Starbucks takes a slightly different approach. The necessity of the search of the business most advantageous, objective right to a preferential share of the licitation, is on the beginning of the economicidade, as foreseen in article 70 of the Federal Constitution of 1988 (CF/88). This principle demands the attainment of the best relation cost/benefit of the activities administrativas3. Beyond the beginning of the economicidade, the licitation exactly comes to take care of to the principles constitutional of the isonomy, the morality, the advertising and the impessoalidade, that guide all the activity administrativa4. Had to the recognition of the importance of the efficient use of the public resources, aiming at to fight wastefulness and the corruption, the CF/88 brought in its article 37, interpolated proposition XXI, norm that compels the act of contract of workmanships, services, public purchases and alienations, by means of process licitatrio, in which concorrentes3 is assured the equality of conditions to all. As solution, in 1993, Law 8,666 was homologated that it regulates such device constitucional5. The Law of licitations and contracts, then servant, brought as basic principles legality, impessoalidade, morality, equality, advertising, administrative probity, entailing to the convocatrio instrument and judgment.

It is important to mention that the licitatrio process started to be formal and public, except how much to the content of the proposals of the suppliers, that if only become public after its abertura3. Law 8,666/93 deals with the governmental purchases of detailed form, sobrando little to be regulated by the agencies and entities of same the Public Administration and for the States, District Federal and Municpios5. Amongst the necessary procedures to the application of the law, it has the necessity of the elaboration of a proclamation, that is the internal law of the certame, foreseeing everything what it can happen in this process licitatrio5.

No Comment

Leave a Reply

Sorry, comments are closed.