Análise do regime diferenciado de contratação pública (RDC) para a copa do mundo de 2014 e jogos olímpicos de 2016 ante os princípios constitucionais

Abstract

Bidding procedures performed according to the peculiarities of Differential Scheme Procurement (DSP), which was created to be used in works related to the 2014 World Cup and the 2016 Olympics and is regulated by Law n.º 12.462/11, should required to have their deeds committed development in compliance with the guiding principles of the constitutional state administrative activity. In similarity to that have rules laid down by Law 8.666/93, the bid made in accordance with the Differential Scheme Procurement shall be subject to both administrative constitutional principles regarding the very principles of public bidding. Thus, in the face of present - if DSP intrinsically linked to the observance of the commandments formally recorded by the constitutional principles, it should be the realization, first, a brief study on the conceptualization of principle, presenting some definitions produced by scholars about this kind of standard. Secondly, we present the analysis of great relevance of each principle, expressly provided in the Federal Constitution, which is the governing Public Administration. In the same vein, it appears fundamental to the analysis of bids according to what has to Law 8.666/93, presenting the bidding modalities and types of bidding hereof, as well as detailing the bidding process in its various stages. Finally, in this work, we seek to examine the specific aspects of the Differential Scheme Procurement provided by law that regulates how your procedure, its objectives and its applicability on the duty of compliance with constitutional principles.