The mandatory bid for exploitative state companies economic activity in the form of participation

• Autor(a) principal: Machado, Sara Dinardi
• Data de Publicação: 2006
• Outros Autores: Carneiro, Ruy de Jesus Marçal
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista do Direito Público
• Texto Completo: https://ojs.uel.br/revistas/uel/index.php/direitopub/article/view/11578
• topic: Public administration; Bidding; exploiting state-owned enterprises of economic activity.; Administração Pública; Licitação; Empresas estatais exploradoras da atividade econômica.

Introduces analysis about the administrative structure, the study of its entities, the state-owned enterprises. Compare the legal systems of public law and law private, and the consequences of the submission of the exploiting state companies economic activity each. Analyzes the bidding procedure, while mandatory for all entities of the Public Administration. Points to Amendment Constitutional No. 19/98 as deflagradora discussion. Points out the following results: a) the existence of a "hybrid" legal regime, which undergo companies State focused; b) the direct relationship between the legal nature of regim predominant activity and immediately performed by the entity; c) apparent incompatibility between the bidding procedure, while institute public law and economic activity conducted by the company, nature private; d) the compatibility between the legal systems, without excluding the bidding, by application of the unenforceability of bidding institute; f) analysis of unenforceability of bidding applied to these businesses, as situation "Unfeasibility of competition." Concludes that the application of d unenforceability Institute the bid falls as compatibilizadora solution of the legal systems of private law and public law, as well as harmonizing the conflict between the principles of administrative efficiency and morality, allowing wider implementation of the public interest