Licitação: exigências do instrumento convocatório consideradas restritivas à competição pelo Tribunal de Contas do estado de São Paulo

Abstract

The present work aimed to demonstrate the importance of the instrument of bidding for the correct conduct of the bidding processes and so that they are not object of challenge in the scope of the Bidding Administration and representation before the State Court of Accounts. In order to enable the reader to have a more comprehensive view of the relevant aspects of the bidding, the provisions of the Federal Constitution, Law 8,666 / 1993 and Law 10,520 / 2002, regarding the principles of the bidding, stages of the bidding, and the respective conditions for the preparation of the calls for tenders. The bibliographic research was used in order to extract the concept and purpose of the bid, the conditions that must be established to obtain the most advantageous proposal for the Administration. The judgments and summaries of the Court of Accounts of the State of São Paulo were analyzed, documents that are available on its website, to highlight the clauses of bidding documents that were considered restrictive to competition by the body, especially decisions related to bidding documents by the Municipality of São José dos Campos. In this sense, the research is characterized by being descriptive, bibliographical and documentary, whose nature is qualitative. The research highlighted the failures that may make it possible to invalidate the events and the importance of the State Audit Court to preserve the regularity of bidding processes within the Municipality and ensure the preservation of the public interest in public contracting. In summary, the present study emphasized the need to comply with the principle of legality and equality, and other principles of Bidding, so that public managers are not penalized by the control bodies and by the Judiciary in the event that the bidding is considered irregular.