Detalhes bibliográficos
| Ano de defesa: |
2024 |
| Autor(a) principal: |
Tamaso, Mariangela Ferreira Corrêa
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| Orientador(a): |
Cammarosano, Marcio
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| Banca de defesa: |
Não Informado pela instituição |
| Tipo de documento: |
Dissertação
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| Tipo de acesso: |
Acesso aberto |
| Idioma: |
por |
| Instituição de defesa: |
Pontifícia Universidade Católica de São Paulo
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| Programa de Pós-Graduação: |
Programa de Pós-Graduação em Direito
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| Departamento: |
Faculdade de Direito
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| País: |
Brasil
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| Palavras-chave em Português: |
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| Palavras-chave em Inglês: |
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| Área do conhecimento CNPq: |
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| Link de acesso: |
https://repositorio.pucsp.br/jspui/handle/handle/43908
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Resumo: |
Principles are types of legal norms that support the legal system, fundamental provisions that radiate over all norms, giving them meaning and serving as criteria for interpretation and gap filling, in order to give unity and coherence to the legal system. It is of fundamental importance, at this point, that conceptual aspects regarding public contracts and biddings are analyzed, therefore, in accordance with the applicable principles, of an explicit or implicit constitutional nature and of an infraconstitutional nature. The aim of this study is to comply with the constitutional administrative principles, to the maximum extent, in order to guarantee, in the various bidding modalities, the fulfillment of the public interest, the selection of the best proposal and the equality of interested parties, without hindering the daily activities of Public Administrations, mitigating as much as possible the practice of acts of corruption in bidding procedures and the increase in the prices of goods and services of interest to the Public Administration. Therefore, the aim of this research is to reflect on relevant issues present in the text of Law No. 14,133/21 (New Law on Public Procurement and Contracts), especially in the new types of procurement provided for therein, related to constitutional principles, aiming at their implementation and interpretation in the most appropriate manner from a principled point of view, contributing to stimulate doctrinal and jurisprudential criticism, in addition to reflections on the origins of Law No. 8,666/93, its amendments during its validity, as well as the main criticisms and developments in jurisprudence regarding the matter, in order to identify the problems presented from its application and the solutions proposed by jurisprudence and doctrine to overcome the problems arising from the legal text. And, finally, the verification of the innovations related to the forms of contracting made available to Public Administrations, brought about by the new law, compared to the text of Law No. 8,666/93 |
