A ordem econômica e o problema da corrupção nas contratações públicas: prejuízo ao desenvolvimento sociopolítico sustentável

• Autor(a) principal: Nascimento, Cláudia Maria Lyra do
• Data de Publicação: 2015
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório do Centro Universitário Braz Cubas
• Texto Completo: https://repositorio.cruzeirodosul.edu.br/handle/123456789/2150
• topic: Ordem econômica; Corrupção; Improbidade administrativa; Contratação pública; Cartel; Prejuízo; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO

This study aims to analyze the economic order and the problem of corruption and malfeasance committed in public procurement, harmful for sustainable socio-political development, there where situations are committed corruption and administrative malfeasance in public procurement, despite the existence of national legal seals and international. The choice of subject is justified because of the increasing corruption and administrative malfeasance committed in public procurement in recent years, causing serious damage to Brazil's economic development. This issue has attracted the attention of lawyers, legal scholars and law professionals across the country. It is important issue not only for the government but also for the whole society. In this context, globalization is presented as stimulating element of corruption, in that it exposes inequality in economic and social order among peoples. Thus stimulates the ambition and the unlimited desire of some wealth accumulation at the expense of others, not being a specific problem in Brazil. In discussion it seeks to list the organizations and international conventions aimed at curbing the practice. Carried out an analysis of the 1988 Federal Constitution and infra-constitutional norms, as will be seen, which were established controls political, administrative and social order, to monitor the smooth and regular use of public funds is also expected to penalties for misuse of public money. However, in practice, there are cases of flawed public procurement, such as trains and urban subways in the city of São Paulo and Petrobras. In this second case, it sets up a real cartel between the contractors hired by Petrobras, sharing, including the works of the state, with overpricing prices. Later, the state officials and political parties received bribes on the excess amount. As is known, the cartel's anticompetitive conduct that violates the principle of economic order of free competition. Based in doctrine, jurisprudence and analysis of regulatory agencies such as the Comptroller and Audit Courts, show up several cases of administrative wrongdoing committed in public tenders, which caused significant deviations of public resources. The damage caused by corruption and acts of administrative malfeasance are numerous and affect the development of the country. At the end of the work, we list up some proposals for combating these prohibitive behavior.