A natureza jurídica do crime de dispensa indevida de licitação: um resgate jurisprudencial à luz da teoria do bem jurídico

Abstract

Bidding is the administrative procedure required the government to obtain the best proposal for the procurement of services, works and other public interests, can be waived only if there is compatibility with the predictions of the devices 24 and 25 of the law of tenders, the law 8666 1993. This work seeks to give the exact legal nature of improper bidding dispensation crime, offense provided for in article 89 of Law 8.666 of 1993, which it regards as a criminal offense the improper dismissal of bidding, or its enforceability out of cases provided by law, specifically in article 00:25 respectively. Is hovering over the Brazilian judiciary, particularly in the context of the Superior Court of Justice (STJ), disputes regarding the classification of the criminal offense in question. A current, says it is material offense, is essential to your configuration proof of economic loss to the treasury, as well as specific criminal intent of the agent in question. In another step, the part of judges and legal scholars, experts in our parental planning, believe that the device in question seeks to restrain a formal crime, mere conduct, protecting above all the constitutional values that protect the public administration, and needless to result in economic damage to the public coffers. In this context, through renowned doctrine, be sought for to give the exact legal nature of improper bidding dispensation crime.