A admissão de documentos novos após o inicio de pregões eletrônicos: uma análise sob ótica dos princípios da vinculação ao edital e do formalismo moderado

Abstract

Due to the recurrent occurrence of mistakes on the part of bidders When compiling their documentation until the scheduled date for the opening of Electronic Auctions public sessions, this paper aims to analyze the feasibility of submitting neW documents to rectify the bidder's documentation, based on the Principles of Adherence to the Edict and Moderate Formalism. To do so, it is necessary to examine the basic concepts applicable to this specific modality of public procurement, investigate the legislative evolution regarding the admission of documents after the commencement of these procedures, assess the jurisprudence of the Federal Court of Accounts on the subject, and ascertain Whether, in light of these principles, the reception of neW documents during the procurement process is possible. Thus, a research is conducted based on a qualitative, exploratory, and descriptive methodology, grounded in the analysis of legislative, jurisprudential, and doctrinal texts. ln light of this, it is identified that legislation has evolved, allowing greater flexibility in admitting neW documents after the commencement of the bidding process, applying the Principle of Moderate Formalism, Which recognizes the importance of adherence to the edict Without subjecting the process to excessive formal rigor that could compromise the achievement of the desired public objectives. ln conclusion, it is evident that submitting neW documents after the start of Electronic Auctions is acceptable, provided that the integrity of the bidding process is not compromised.