As modalidades licitatórias nas contratações de serviços de natureza continuada: entre a insegurança jurídica, ‘o direito administrativo do medo’ e as (des)orientações dos órgãos de controle da administração pública

Abstract

The purpose is to critically analyze the (un)need for observance with the value limits provided in Article 23 of Law 8.666/93, of June 21, 1993 (General Bidding Law), by the public agent responsible for choosing the mode of bidding for the contracting of continuous services, specifically in view of the legal possibility of contract extension. On the methodological aspect, the research involves the bibliographic study, the analysis of the pertinent legal provisions, the qualitative examination of the treatment given to the matter by the internal and external control organs, all with the purpose of allowing and grounding the realization of the case study whose object is Case No. 02982/2010-3/TCECE. The considerations brought point to the existence of major doctrinal and jurisprudential divergences, so that the academic community is called to reflect to change mindsets and paradigms. Only in this way, by rethinking the present in order to look towards a future in which administrative control will not be a reason for "sleepless nights", especially in view of the notes of modern administrative law, which demand consensus, a pragmatic and less idealized vision of public management, and real and permanent dialogue between the Institutions, will it be possible to reduce legal insecurity, move away from the so-called "Administrative Law of Fear" and move toward good public management practices.