MOTA, W. L.; http://lattes.cnpq.br/4731207792762517; MOTA, Wesney de Lira.
Résumé:
Public procurement in Brazil happen in the current model, since the 1967
Constitution In 1988, there were improvements on the standards to be imposed
by contests through your selection. In 2004, Law 7605 of the State of Paraíba
presented the check prerequisites in public tenders for Police and Fireman
Military divided into steps. The objective of this paper is to present through
arguments and facts (legal decisions and solutions) the unconstitutionality of
State Law 7,605 / 2004 as its stages, selection and eliminatory character of
such steps required as prerequisites for applicants. The implementation of
qualitative research was done through studies and search the notices that have
the exclusionary character of demand, especially at the last tender notice for the
posts mentioned above in Paraíba and its irregularities. In addition, we also
seek judicial decisions that challenged the exclusionary nature of some public
procurement steps that have over the law. The data were obtained also through
public procurement notices of the Federal Constitution and the Police and
Firefighter Military Law. The results presented as to the unconstitutionality were
significant, pointing to favor them. The research method used was the
hypothetical-deductive .