Hipóteses de inexigibilidade e dispensa de licitação em obras e serviços de engenharia em Autarquias Federais

Abstract

As a rule, Brazilian public contracts require selecting through a previous bidding procedure to obtain the most advantageous proposals while keeping equal treatment among the competing interested parties. However, given the complexity of civil engineering works and services, there are legal provisions to exempt the Administration from this procedure, even though still warranting legal grounds for their application. This descriptive and normative study seeks to understand which institutes allow for bidding procedures exemption. Based upon a legal and bibliographic analysis, the theory of principles is the interpretive framework for these institutes, having a federal autarchy – an autonomous public agency – as representative case for those institutes. The main finding is that that even in the cases of dispensable bidding, unenforceable and exemption from bidding for engineering works and services there is still a mandate to adhere to the basic constitutional principles of the Public Administration as well as bidding-specific principles.