O planejamento das contratações integradas

• Autor(a) principal: Corrêa, Marcos Paulo Cruz
• Data de Publicação: 2018
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://repositorio.pucsp.br/jspui/handle/handle/35427
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PUBLICO::DIREITO ADMINISTRATIVO; Contratação integrada; Discricionariedade; Planejamento; Licitação; Integrated contracting; Discricionarity; Planning; Bidding

It studies the integrated contracting under the prism of the fundamentals that guided its introduction in the national legal order and the limits that fall on the administrative discretion in the bidding planning phase. It compares the construction regime and evaluates the requirements of the previous legislation to Law No. 12,462 of August 04, 2011, in which there was a change of paradigms related to the Administration's exclusive burden to present the engineering solution to be executed by the individual, by risk analysis of who is able to take on this task better. It verifies the aprioristic adequacy of the integrated contracting regime in light of the bidding principles in Brazilian Law, with emphasis on the content of the efficiency. It examines the exercise of administrative jurisdiction and evaluates the limits of decision-making freedom in the definition of the integrated contracting execution regime, preceded as technical and objective analysis rules, which do not admit value judgments. It observes, in the end, the control exerted in external control by the Federal Court of Audit and the contributions originated from its decisions, which had repercussions on the improvement of the regime, the current legislation and the bills that are processed in the legislative houses. It concludes that there is a margin for deliberation by Management on the evaluating about the adequacy of integrated contracting, by metting the legal requirements and technical judgments of Law, resulting in the improvement of the contractual models of the Administration, in the pursuit of the best results in prestige to efficiency