Sustentabilidade nas obras e serviços de engenharia: uma análise da lei de licitações (Lei 8.666/93) em obras do Município de Maranguape - Ceará

Abstract

The Federal Constitution of 1988 brought the environment as a fundamental and diffuse right of the third dimension, and the State and the whole society must protect it for present and future generations. One of the duties of the public administration is to bid so that it can sign its public contracts, for this the Union, in its power to legislate, enacted Law 8.666/1993 which regulates the general rules for adoption in bidding procedures. In 2010, Law 12,349/2010 was enacted, which added sustainable development as one of the objectives of the bidding process. Since then, the legal system has been acting in favor of guidelines and parameters that guarantee sustainability. The municipality of Maranguape, when bidding, must observe the legal determinations to implement the environmental criteria and thus promote collective well-being. In view of the negligence in the application of the rules, in 2021 the new bidding law was created No. guarantees sustainable development. For the present work, a methodology was used, mainly bibliographical, with the study through doctrines, scientific articles, legislation of the Brazilian legal system, and other means that made possible the apprehension of the theme, as well as an analysis of data through a website of the internet, to investigate the bidding documents in the municipality of Maranguape, Ceará, and, as for this location, it was found that there was no observance of sustainable standards in the works studied, despite national legislation and normative acts of the state itself, such as UFC Sustainable Logistics Plan. As a general objective for the research, it was defined “to understand the correlation between bidding and the environment in engineering works and services”, complementing, as specific objectives were defined: to point out the precepts of sustainability inserted in Law 8.666/1993; to analyze if the sustainable criteria were applied in the bids of the city of Maranguape-CE; and identify the legislative innovations of the new bidding law No. 14,133/2021. Thus, with the analysis carried out, although limited to some bidding events, it is worrying that among those selected it was not possible to envision the adoption of sustainable parameters, given that the public notices, the diploma that regulates the entire procedure, did not explain in its clauses, the guidelines that promote the objective contained in the bidding law, it is expected, however, that with the advent of a new law in 2021, the public administration and bidders will have greater responsibility regarding the procedures of an environmental and sustainable nature.