Public Administration

The licitation has as one of its main objectives to show the importance of the processes licitatrio in the act of contract of public services as form to fight the frauds and with this it is necessary to attempt against the importance of the advantages of the licitatrios processes, the form as she is described the characteristics of a proclamation and to identify the types of more constant frauds in the process of licitation of public institutions. The public agents assigned consider themselves responsible for the licitation by authority of ability by means of proper administrative act to integrate licitation commission, to be proclamer or to carry through the licitation in the modality invitation. The licitation commission is created by the administration with the function to receive, to examine and to judge all the relative documents and procedures to the cadastre of bidders and the licitations in the competition modalities, taking of price and invitation. One knows that, to be able to alienate, to acquire or to lease good, to carry through workmanships or services, to make concessions, permissions of workmanship, service or of exclusive use of public good, the Administration must obey a procedure constitutionally guaranteed, that is the licitation. Through such administrative procedure, the Public Administration convokes the interested parties to the presentation of proposals, with the target to select that one that if to show more convenient in function of parameters previously divulged. In reason of these parameters, the object appears of the study carried through, the licitation modalities. The modalities represent the most different species of certame so that, after all, the contract with the Public Administration is established.

The law n 8,666/93, that it makes use on licitations and public contracts, prescribes the existing modalities in our order, that are the competition, the taking of price, the invitation, the competition and the auction. The legal ditames suggest predetermined requirements so that if it defines which the modality or type to be applied in the licitatrio certame, obeying the analysis of factors as quality, income, price, technique to be employee, foreseen stated period, among others, that conjugated or separately, will determine the qualified or apt companies to contract with the Public Administration. Provisional remedy n 2,026/00 created still new modality, proclamation, that brought sufficient innovations that they had caused, of a side, good received, but also much controversy and concern. It brings as great newness inversion of the qualification phases and judgment, causing a bigger rapidity and efficiency to the certame. On the other hand, it denotes much concern, therefore it confronts the normative hierarchy, as well as opposes, in some aspects, the principles of the legality, due process of law and of legal defense. For everything this, understands that it must have, that on the part of the Executive, as well as of the legislative, bigger attention and reflection how much to this new bred modality. In fact, it urged that the procedure was dinamizasse, but the innovations must be implemented of gradual and enlightening form, obeying the guarantees constitutional, as well as being guided for the principles that guide and consecrate the Administrative law.