O uso do pregão eletrônico como forma de evitar improbidade administrativa na licitação.

Abstract

This work possesses as central focus to analyze the use of the electronic proclamation as form of avoiding to it swindles in the processes licitatorios. In a wide incursion in the wheat field of the administrative right intends the modality to be demonstrated in subject it is really effective as for the prevention of the administrative improbidade. Through the methods exegetico-juridical, comparative, historicalevolutionary and bibliographical, with the use of codes, doctrines and concerning goods the auction and to the job of the electronic proclamation they are looked for to analyze the advantages of the new system are being positive for the treasury, because in spite of the technology used is still well-known the number of attempts of defrauding the procedure licitatorio in the Public Administration. Considering the progress of the auction process and the need of a swifter and including system, preliminary study of doctrinaire embasamento was elaborated, approaching from the structure to their main aspects and demonstrating as the technology and a work of understanding of the public servant can decrease with the cases of administrative improbidade in the country. With that ideal concepts and general notions are approached on the auction and the electronic proclamation, as well as their evolutions and current connotations in the juridical scenery. The work demonstrates that starting from the promulgation of the Law n°8. 666/93, that he/she gave guidelines on the process licitatorio and of the Law Federal no. 10.520/02, that it instituted the proclamation officially in the Brazilian legislation is that there were a larger agility and economy for the public safes to the being to treat of auction process. He/she stands out that is possible for the Public Administrator to accomplish a procedure licitatorio free from frauds and annulments and in case it assists certain improbidades fits to the judge to apply the reasonable sanction for each accomplished illegitimate action, being recognized the fault or the apprentice's fraud. Finally, based in jurisprudences and in real cases where the administrator or servant public defrauder suffered the sanctions foreseen in law is ended that the electronic proclamation turns the more remote fraud possibility and he/she brings a larger safety for the Public Administration. Word-