SILVA, J. S.; http://lattes.cnpq.br/2359351803363210; SILVA, Joseilma de Souza.
Résumé:
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.
