Critérios de adjudicação como instrumento de implementação de políticas sociais na contratação pública:

• Autor(a) principal: Oliveira, Gustavo Alencar
• Data de Publicação: 2023
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório Científico de Acesso Aberto de Portugal (Repositórios Cientìficos)
• Texto Completo: http://hdl.handle.net/10362/159461
• topic: Contratação pública; Políticas horizontais; Políticas sociais; Critérios de adjudicação; Public Procurement; Horizontal policies; Social policies; Award criteria; Direito

This dissertation presents as the central theme of its investigation the aptitude of the award criteria brought by the Brazilian Public Procurement Law for the implementation of horizontal social policies. To this end, we sought to analyze the new legislation from the perspective of the Portuguese Public Procurement Code (CCP), comparing the similar instruments in both diplomas. To this end, the relationship between public procurement and horizontal policies was initially analyzed. Aspects related to the purposes of public procurement, its instrumental function and the principles that connected with it were addressed. In continuity, the focus began to be the analysis of horizontal policies themselves, their classification, their implementation mechanisms, until reaching specifically social policies. We then sought to investigate the existence of instruments for the implementation of horizontal social policies in Portuguese and Brazilian legislation, reaching the award criteria. At that time, the role played by the award criteria was analyzed, as well as how these criteria were addressed by the CCP and Brazilian law. Finally, we investigated the function that the award criteria can assume in the pursuit of horizontal social policies and to what extent the criteria brought by the New Brazilian Public Procurement Law would be effective in carrying out policies of this nature, compared to the Portuguese legal system. It was possible to conclude that the award criteria in the new legislation of Brazil do not prove to be able to implement horizontal social policies, mainly due to their excessive attachment to pecuniary considerations in the phase of judging proposals.