Economicidade e a qualidade nos processos licitatórios do tipo menor preço.

Abstract

The present work aims to discuss the application of the principle of efficiency in public contracts, governed by the criterion of judgment of the proposals of the smaller type price, this principle entered in the list of the constitutional principles by constitutional amendment nº19 of 04 June 1998. Effectively, we conducted a bibliographic survey about the evolution of the bidding procedure in brazilian legislation, as well as a discussion about the meaning of efficiency in public contracts. In addition, was carried out a brief consideration about the legal steps to be followed by the bidding, showing the importance of good conduct of bidding procedures, whether in any of its modalities, in order to make actions of agents the public always seek the objective end of the public administration, which is the common good. The methodology adopted in the preparation of the work deals primarily on a bibliographical review on legislation governing the bidding process as well as the bibliographies available and the main lawyers in Brazil in terms of bidding. In specific terms, we analyzed two cases of bidding based on the criterion of the lowest price that resulted in success and failure of recruitment, respectively. As results were presented some attitudes that could be followed by the public administrator to ensure efficiency in their hiring.