Uma análise sobre as formações de carteis nas licitações e os mecanismos de combate no âmbito da administração pública

Abstract

The present work will firstly deal with threat and defense factors of free competition in the economy and how it has appeared, in Brazilian legal scope, devices that make reference to its protection in the national economic order. Then it will be approached a perspective of historic evolution of the development and cartel practices, passing through the points that facilitate their formation, their component goals, the losses to free competition, the market and specifically in the context of public procurement, bringing in a clear way the main damages brought to the state and treasury. It will also be approached Mechanisms of Law 8.666 / 93 to combat cartel practice, emphasizing positive and negative points, making a criticism to the traditional model of procurement procedure in its competition mode comprised five phases in which makes the procedure slow and bureaucratic, facilitating the collusion between rival companies. Lastly, it will be brought out the mechanisms to combat cartel formation in the procurements in the Brazilian legal sphere, approaching the preventive and repressive extrajudicial ways to combat the practice of cartelization.