As fragilidades da carta convite nos processos licitatórios para compras e serviços pela administração pública

Abstract

This research presents a theoretical and conceptual approach to quantitative and qualitative directed the simplest bidding mode present in the Brazilian legal system, the invitation letter, regarding your fragility and facilitation for training fraud schemes in tender proceedings, as well as the possible existence of a conflict of law nº. 8.666/93, of law nº. 12.527/2011, highlighting the great unconstitutionality thereof, with respect to the violation constitutional rules and principles guiding the bidding process, being determining factors beyond such modality in public administration. To corroborate the high content of letter of invitation mode in small municipalities demonstrates through quantitative research the incidence of this modality through sampling of 07 (seven) municipalities regarded as small businesses in the region of Itapetininga-SP in confrontation with this. Address such subject is necessary, so that the society aware about the corruption that surrounds the public administration, caused by illegal acts committed by some managers and corrupt civil servants, with intent to defraud public bids in order to benefit and to benefit third parties involved in the scam, and with that, leaving to serve the common good, in addition to be characterised as a source of preventive research to public agencies.