O controle jurisdicional sobre os editais de concursos públicos

Abstract

The tender is constitutional mean of access to offices and public jobs, constituting one side of the Democratic State of Law, based on the auspices of the principles of equality, of impersonality, of morality, of efficiency, among others. As well as, it is a suitable resources to meet the provision of full employment search to preserve the public interest, unique purpose, indeed, that should be pursued. However, it is clear that the public tender, as human institution, is subject to all sorts of vices, especially the lack of clear rules on the procedural steps of the events, especially regarding the content of the bids, which practically, they are not always well prepared. Indeed, it can check, very often, in the public bids unnecessary restrictions and requirements to fulfill the purpose of the event, which has no justification under the principles governing the matter. In this context, this monographic study looks foward to discuss this issue, since the establishment of basic premises of the public tender, as its concept, object, legal nature, by origin and historical development of the institute, and finally arriving to configured situations of individual deviations and bad practice of the Administration and Bunkers Examiners, in the preparation of bids, whose the excess of powers discretion has undermined the seriousness, the impartiality and selective nature of competitions in flagrant disregard of the legal principles of the Administration and therefore subject to control by the Judiciary.