A licitação como instrumento de contratações públicas.

Abstract

It is well known that public administration is essential to existence of States, because it derives its organization and operation. Thus, the bidding process as a public contracting instrument, instituted by the Rule of Law in order to ensure the choice of the best proposal for the Treasury and quality in public services, it assumes a place of great importance in the organizational structure of the administration. As a result of this fact, it becomes indispensable that it be implemented with greater degree of efficiency possible. Therefore, the general objective of this research is to analyze the system of public contracting established in Brazil, as well as its peculiarities in relation to the incidence of fraud. In addition, search through specific objectives to observe the evolution of the bidding process in Brazil and verify jurisprudence on cases of fraud in biddings, with the purpose of seizing information about training, detection and prevention. For that, the deductive approach method was used, because by observing the Federal Constitution, Law 8.666 / 93, of related norms and bibliographical revision, it is sought to analyze the public bidding process in Brazil. In addition, it was necessary to analyze administrative and judicial jurisprudence focusing on cases in which some of the types of fraud, chosen as a study sample, were found, due to the fact that, according to data from the Brazilian Court of Audit, doctrines and studies have shown that, among the frauds most prevalent in Brazilian law, are: overbilling, spreadsheets, unenforceability of bidding, and agreement between companies. Therefore, the sum of these data totals 94% of the cases of fraud in bidding in Brazil. In addition, it was possible to indicate some factors that favor its formation, detection and prevention. Moreover, through the analysis of the chosen material, the peculiarities, innovations and weaknesses were observed during the evolutionary legislative process in Brazil. Thus, it is noticeable that the bidding has been introduced in the Brazilian legal system through normative texts in which Brazilian legislator carefully tries to create mechanisms to make it more efficient and immune to the incidence of fraud, as it has been shown to be excessively harmful to the Public Treasury and to the whole society.