Detalhes bibliográficos
| Ano de defesa: |
2020 |
| Autor(a) principal: |
Forjaz, Caio Augusto de Moraes
 |
| Orientador(a): |
Maciel, Renata Mota |
| Banca de defesa: |
Maciel, Renata Mota,
Jorge, André Guilherme Lemos,
Tavares, André Ramos |
| Tipo de documento: |
Dissertação
|
| Tipo de acesso: |
Acesso aberto |
| Idioma: |
por |
| Instituição de defesa: |
Universidade Nove de Julho
|
| Programa de Pós-Graduação: |
Programa de Pós-Graduação em Direito
|
| Departamento: |
Direito
|
| País: |
Brasil
|
| Palavras-chave em Português: |
|
| Palavras-chave em Inglês: |
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| Área do conhecimento CNPq: |
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| Link de acesso: |
http://bibliotecatede.uninove.br/handle/tede/2348
|
Resumo: |
Hiring by state-owned companies, whether they are mixed capital or public companies, is ultimately intended to meet the public interest by supplying the needs directly and indirectly related to the respective areas of operation of state-owned companies, as provided for in the programs. consequently the Budgetary Guidelines Laws, the Multi-annual Plans and the Annual Budget Laws. To this end, such entities must comply with Law 13.313 / 2016, issued specifically for state-owned companies, which before the advent of said law were subject to the provisions of Law 8.666 / 1993. It is noteworthy that state-owned enterprises can be used as a state tool to intervene in the economic order and market control, as discussed in the first chapter, which reports on the movement of state-owned enterprises in Brazil, the activities performed, the role of the state and the function of state-owned enterprises. In this regard, the second chapter of the work deals with the State Law, provided for in the Federal Constitution, in article 173, paragraph 1, intended for companies that exploit economic activity or provide services, and evaluates the provision of the Law that allows the State to adopt the procedure of the expression of private interest to receive proposals, as well as projects to meet their needs, and, in case of approval of such projects, the possibility of the authors to compete for the object of the future contract, which was forbidden by Law 8.666 / 93 . Thus, considering that the Statute of State-owned companies embodies such procedure, this research addresses the necessary prior, permanent and effective dialogue with the private sector and the ability to improve the hiring of state-owned companies, removing vices arising from poorly designed projects, as well as the potential achieve social development in a broad sense, which in this paper will be treated as the state's duty to guarantee everyone, but especially vulnerable citizens and groups, access to education, sport, leisure, culture and health through goods and services. to be inserted in an ancillary way in the objects of the hiring of state-owned companies, provided that the economic-financial and technical- operational viability has previously been verified with the private sector, without this being obvious to the specific purpose of the hiring of the state-owned company, nor does it have the desideratum. direct hiring, otherwise they will suffer limitations from External role of Administration, which as discussed in the third chapter needs to approach Administration with which will obtain effectiveness to the commands of the LAW OF Introduction to the Rules of Brazilian Law. The hypothesis that arises is that the private sector effectively participates in the public administration guidelines and projects, with the aim of social development, combining normally opposing interests, which are, on the one hand, the public administration that usually hires its hires at the lowest price, and on the other, the business sector that seeks profit. The fourth chapter addresses the need for coordination and planning so that, through state contracting, the country can achieve inclusive social development, identifying in Law 13.303 / 16 tools capable of triggering the delineation of well-planned national projects. , such as the permanent pre-qualification of companies and the expression of interest. Thus, by means of the hypothetical-deductive method, with theoretical approach and bibliographical research, it is proposed the adoption of the expression of private interest for correction of failures in projects of works and services and, ultimately, the adoption of the procedure for development. in an ancillary way. |
