Inexigibilidade de licitação no âmbito municipal

Abstract

The Public Administration needs, to carry through the enormous gamma of attributions that had been conferred to it, to count on the participation of particular for the execution of those tasks that can be delegated. In virtue of this, or better, with intention to force the administrators to the observance of the ethical rules that conduct the Administration, a procedure was created to allow a bigger smoothness in the election of the interested parties in contracting with the Public Power, the licitation. With the advent of the Constitution of 1988, the obligatoriness of if proceeding the accomplishment from the procedure of the licitation gained status constitutional. Ahead of this, all act of contract made for the beings who exert the administrative function must be, usually, preceded of a licitation for the choice of the proposal most advantageous to the public interests. However, some cases exist where the installment intended for the Administration if coats with some peculiarities, what it becomes the administrative procedure of the licitation an inadequate way for the achievement of the ends aimed at for the Public Power. In these cases, she is configured the excuse of licitation, that if gives when, for some reason, becomes impracticable the competition enters the particular ones for the act of contract with the Administration. In addition, it is certain that the knowledge concerning the hypotheses that can be fit in the excuse concept can serve of efficient instrument, so that if can exert a bigger control on the acts of the administration carried through irregularally under the shield of such figure. Thus it is that this work takes care of to describe the Public Administration, treating to its composition, organization and functioning. It determines what it is understood for licitation and it delineates the figure of the excuseof licitation and its importance To be able it Public. And, to the end, deals with the possibility of the Legislative of the City to legislate, creating new hypotheses of excuse for its territory.