A licitação sustentável como dever do poder público em prol da tutela do direito fundamental ao meio ambiente ecologicamente equilibrado

Abstract

This study aims to defend the constitutional obligation of the government to promote sustainable bidding. Therefore, it‟s necessary, firstly, to address introductory questions about Administrative Law, in particular on public bids, its concept, objectives and guiding principles. In sequence, there are addressed important informations on Environmental Law, especially with regard to characteristics of the environment property in the context of art. 225 of the 1988 Constitution (as well as the property of common use of people and essential to a healthy quality of life) and art. 81 of the Consumer‟s Protection Code (as metaindividual and diffuse right). After, care is taken to demonstrate the special treatment given to the environment as a constitutionally protected fundamental right, since it‟s an essential tool for the realization of the principle of the dignity of the human person, which constitutes the foundation of the Federative Republic of Brazil. Finally, we started the study of sustainable bidding, which should be understood in the context of sustainability, including on the consumption within the Public Administration. Some outstanding milestones normative evolution of sustainable bidding in the Brazilian legal system, especially in regard to the introduction of the term "sustainable national development" in art. 3 of Law No. 8.666/93, which modified the notion of vantages of Public Administration, from the moment that the implementation of green bids has become a duty of the government and not a mere faculty of the public manager. Finally, two points are analyzed: at what time of the bidding procedure should be inserted sustainable criteria and the need for maximum objectivity in the choice of the object in order to avoid breach of the principles guiding the bidding.