A participação das empresas em recuperação judicial nos procedimentos licitatórios ante o entendimento do Superior Tribunal de Justiça

Abstract

The main objective of this study is to evaluate whether companies that are in the process of judicial recovery can regularly participate in bidding procedures and, consequently, contract with the Administration. In this sense, due to constitutional provision, it is imperative that companies wishing to carry out administrative contracts with the State present regularity provided for by law, based on the fulfillment of requirements established by Law No. 8.666/93, which regulates bids and contracts of the Administration Public. The methodology used is exploratory and qualitative, based on bibliographical research and literature review, as well as research in legislation and recent precedents, notably by the STJ in the field of Appeal in Special Appeal No. 309867/ES. Therefore, Law No. 11,101 of 2005 is initially studied, for legal analysis of judicial recovery. Then, from the study of the principles that guide the recovery of companies, the prospects of judicial recovery and its impact on the company and society were analyzed. In this context, it is possible for the participation of companies that are in the process of judicial recovery in the bidding processes, due to the principles of preservation of the company, its social function and the stimulus to economic activity, besides not having any legal restriction to such participation.