MELO, J. M.; MELO, João Mendes de.
Abstract:
The aim of this paper consists in analyzing the practice of accession by nonparticipants
of the bidding by the system of record prices in the light of principles of administrative
activity marker of Brazil, especially, legality, equality, linking to the calling instrument,
morality, competitiveness, among others. At first, the considerations are woven
legislative developments, concept, procedure and general aspects of the system of
record price, after we examined the institution of take the opportunity to use the auction
ever held by another institution tool created by means of Decree 3.931/01 and has
constituted the object of contention in Brazilian doctrine. Stem largely from principles
governing public procurements in our country, the analysis delves into doctrinal
statements about the issue to diagnose the position of the " take the opportunity to use
the auction ever held by another institution " within the law seeking to establish parental
rights and possible practices that could mitigate the conflicts locked between those who
advocate the swiftness of" take the opportunity to use the auction ever held by another
institution " and those who reject it, accusing the institution of violating the guiding
principles of public administration. It addresses also the pros and cons of this institute,
the position of the Court of Accounts and Audit Courts of some states concerning the
ride. One possible workaround is to issue new decree that limits the number of accession
and the quantitative maximum per record price for a take the opportunity to use the
auction ever held by another institution , so after gaining scale economies. The aim of"
this paper consists in analyzing the practice of accession by nonparticipants of the
bidding by the system of record prices in the light of principles of administrative activity
marker of Brazil, especially, legality, equality, linking to the calling instrument, morality,
competitiveness, among others. At first, the considerations are woven legislative
developments, concept, procedure and general aspects of the system of record price,
after we examined the institution of take the opportunity to use the auction ever held by
another institution tool created by means of Decree 3.931/01 and has constituted, the'
object of contention in Brazilian doctrine. Stem largely from principles governing public
procurements in our country, the analysis delves into doctrinal statements about the
issue to diagnose the position of the " take the opportunity to use the auction ever held
by another institution " within the law seeking to establish parental rights and possible
practices that could mitigate the conflicts locked between those who advocate the
swiftness o f " take the opportunity to use the auction ever held by another institution "
and those who reject it, accusing the institution of violating the guiding principles of public"
administration. It addresses also the pros and cons of this institute, the position of the
Court of Accounts and Audit Courts of some states concerning the ride. One possible
workaround is to issue new decree that limits the number of accession and the
quantitative maximum per record price for a take the opportunity to use the auction ever
held by another institution , so after gaining scale economies.