The planning principle in public bidding and contracting

• Autor(a) principal: Rodrigues, Eduardo Azeredo
• Data de Publicação: 2022
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista da EMERJ (Online)
• Texto Completo: https://ojs.emerj.com.br/index.php/revistadaemerj/article/view/464
• topic: licitações; contratos administrativos; princípio do planejamento; fase preparatória dos certames; bids; administrative contracts; planning principle; preparatory phase of the competitions

This research proposes to analyze the chronic problem of the lack of planning in public bidding and contracting, as well as the progress implemented by Law nº 14.133/2021, by introducing the planning principle in its article 5, and also dedicating special attention to the preparatory phase of the competitions, now expressly belonging to the bidding process, in the diction of item I of its article 17. To this end, an analysis of the meaning of the principle of planning was sought, with a brief history in the national legal system, to then make a critical examination of its impacts on the new discipline of bidding and administrative contracts, with the perception that, although the concern with planning is extremely commendable, the legislator sinned by the excessive detailing of the instruments for this, creating an exaggeratedly closed matrix, which will demand a considerable effort in its interpretation and application.