The obligation on behalf of the independent social services to bid and their insubordination to the law n. 8.666/1993

• Autor(a) principal: Ramos, Vinicius Diniz e Almeida
• Data de Publicação: 2016
• Outros Autores: Silva, Romeu Faria Thomé da
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Scientia Iuris (Online)
• Texto Completo: https://ojs.uel.br/revistas/uel/index.php/iuris/article/view/24390
• topic: Independent Social Services; Tender; Own Regulations; Federal Court of Audit; National Legislation of Tenders; Serviços Sociais Autônomos; Licitação; Regulamentos Próprios; Tribunal de Contas da União; Lei Nacional de Licitações

Independent Social Services (SSA), also called "S System", are legal entities of private law, which are characterized as parastatal entities that are maintained by parafiscal resources. For this reason, they are obliged to perform their purchases and contracting by way of public tenders and are subject to specific regulations. However, such regulations – their draft being authorized by the Federal Court of Audit (TCU) – contain gaps and omissions, which can cause legal disputes with foundations based on the discussion regarding the possible obligation of resorting to the alternative Law no. SSA. 8666, of 1993, when its regulations do not provide a reply to the substantial case. By way of the bibliographical descriptive research, this paper sought to demonstrate that the analysis of the determinations 907/1997 and 461/1998, on behalf of the Plenary of the TCU, leaves no doubt that the SSA shall not resort to the National Legislation of Tenders, not even on a subsidiary basis. However, it is known that the specific regulations of the "S system" presents omissions concerning several of their items, thus requiring a redesign of its wording, so that matters related to purchasing procedures and contracting of independent social services may be subjected to adequate disciplinary procedures.