Análise crítica da lei estadual cearense nº 15.950/2016, que institui nova forma de garantia contratual nos contratos administrativos de prestação de serviços contínuos

Abstract

Interpretative analysis of the constitutionality of Ceará´s State Law No 15.950/2016, which establishes the creation of a linked checking account as a labor guarantees fund in all the administrative contracts for the provision of continuous services in the state. In the beginning, there is an exposition of the Brazilian bidding regime and administrative contracts and the mentioned norm, seeking to contextualize it. Next, the said law is analyzed from a constitutionality control point of view, aiming to find defects that may lead to its unconstitutionality. Concomitantly, the results obtained are analyzed based on doctrinaire theories and the jurisprudential understanding. Soon after, the studied law is compared with other precepts of the infraconstitutional legislation, as well as with some principles with which it relates, seeking to find other probable irregularities in its clauses. Finally, a synthesis of the results is made, reaching the conclusion.