Inovações e (in)constitucionalidade do regime diferenciado de contratação - RDC: contratos administrativos e licitações nos grandes eventos.

Abstract

The present work aims to analyze the institute of the unusual bidding process, which is disciplined by Law no. 12.462/11. The cited piece of legislation was created to improve the accomplishment, in Brazil, of the international sporting events, ( 2014 FIFA World Cup, 2016 Olympic and Paralympic Games ) and was subsequently extended to be used in another kinds of public bids. To develop the work were used the deductive method, with the manage of statistic procedure, seen through the particularization of the subject, and monographic procedure, in the data presentations related to the efficacy of the new legal act, guided by indirect documentary research. It starts analyzing the unusual bidding process compared to the general law of bids and contracts, Law no. 8.666/93. This is an attempt at defining the significantly changes brought by this legal act to Brazilian legal order, the principles and objectives of the new system. It also assesses the question of the constitutionality and constitutional provisions of the legal rule. Finally, is time to deal with the results of using the unusual bidding process under approach of the faster and economic implementation of bids and public contracts, discussing more efficient mechanisms that could be used to reach the objectives defined by Law no. 12.462/11. It is argued, therefore, the possibility of the exceptional system have it legal provisions incorporated by the general bidding law, for reasons of effectiveness where contracts are concluded with the Brazilian public administration.