A dispensa da licitação nos casos de calamidade pública e emergência.

Abstract

In the area of administrative law that an issue arises as the agenda of repeated discussion and controversy is the possibility of public administration contract directly without performing a bid that is configured as an exception to those provided for by law 8666/93 of July 21, 1993. This core issue this paper is to analyze the deadlock desideratum established itself in the Law of Tenders and Contracts mentioned retro, which somehow gave the manager an audience freedom to determine the cases mentioned in the provisions of art. 24 of that legal document the situations that preclude the achievement of bidding for contracts. The situations in the device key legal cases Disaster Emergency Service and embody the core of this research study. Using the method of interpretation in law, deductive and systematic gauged according to the concept of bidding as an obligation and duty of the state fair conduct bidding, subject to the control imposed by the standard state that provides the current administrator with obedience trainers to the principles of legal, administrative , ethics and responsibility assigned to it by the position he holds. And without the intention to end the controversy arising from the theme seeks to contribute and enrich it with arguments based on doctrine and jurisprudence in Brazil.