Responsabilidade ambiental nos procedimentos licitatórios: inserção na perspectiva de critério de julgamento objetivo das propostas

Abstract

The environmental responsibility of bidders participating in administrative procedures, as a criteria for evaluation used during the proposal judgement stage, is based on constitutional and infraconstitutional devices. Most recently, these include laws such as the federal law nº 8.666 of 1993 and those regulating the Regime Diferenciado de Contratações, law nº 12.462 of 2011. Regarding these rules for sustainability being inserted into the context of bidding, there exists a history of gradual changes to socio-environmental demands, considered by the less traditional members of the academic community, along with those judged in the halls of the Federal Auditing Court and Supreme Court, understanding that such an administrative request as contained in the statute should not offer an affront to the principle of mandatory equality in competition. In accordance with the objective of bidding procedures, the need to obtain the most advantageous tender for the Public Administration has begun to manifest in a new way, dispensing with the purely economic treatment and considering environmental matters, through matters of spending, efficiency of services, and environmental preservation. Testing this theory regarding the importance of including environmental criteria in the proposal judgement stage shows the vital role that these disputes have in sustainable public policy because, as entities of Public Administration who represent the Union, the federated states and municipalities should be promoters of practices that respect and preserve the environment for the purposes of a civil society, and furthermore, coexist with practices that provide a healthy situation, which is right of everyone. About the bibliographical methodology of this scientific work, it was important the study of some sources of varied nature, such as theories already consecrated by Academia and dominant jurisprudence, as well as theses and dissertations, besides governmental documents and legislative research, all included as documentary methodology.