O controle jurisdicional da discricionariedade administrativa nas licitações públicas

Abstract

The object of the study was to examine, through the study of doctrine and case law, the judicial review of administrative discretion in public bids, especially based on the general aspects of the public bids, the instrumentality of administrative principles, concepts relating to discretion and administrative merit and judicial control parameters. Despite the civil servant has a certain degree of freedom in their actions, to practice a discretionary act, this freedom is not unrestricted, being necessary to study their limits. The powers of the administrator are a necessary tool for achieving public purpose. The public official should act within the limits established by the principles and laws. Nowadays, the modern doctrine and the case law also accept the control of the discretionary elements of discretionary administrative acts, based on implicit and explicit principles that guide the activity of the Public Administration. It needs to be made an effective control of the judiciary on the discretionary actions in public bids, because they involve public interests and public resources. The merits of administrative acts performed in public bids can be analyzed by the judiciary in order to check if there was arbitrariness or abuse of the discretion.