A extensão dos efeitos da suspensão e declaração de inidoneidade no processo licitatório

Abstract

This work aims to approach in depth the effects of the application of the suspension of sanctions and declaration of unfitness in the bidding process, as well as discuss the general aspects of the bid. By this reference, in the first chapter will address the historical context of bids and its legal definition, highlighting the main differences between the contract and in particular under the Management Contract and covers the initial concept of administrative sanctions in and out of the bidding process. Then, the second chapter will deal about the mandatory bidding for public contracts, as well as the guiding principles of this institution and demonstrates the legal consequences of failure to comply with administrative contract. The third chapter presents, as its main objective, the effects of the suspension of sanctions and declaration of unfitness. For a better approach to the matter was exposed the position of the Court of Auditors of the Union and the Superior Court of Justice, through recent trial. Finally, based on the doctrine and jurisprudence of the courts, will be discussed current about the extent of the effects of the suspension and the declaration of unfitness. The justification of this work is given by the relevance of the subject in the Brazilian legal system, considering it is debate about the rules of the Procurement Law, applied nationwide, as well as the importance of defining the extent of the effects of sanctions applicable to the particular, following the constitutional principles underlying the bid, considering the doctrinal and jurisprudential divergence on the matter.