Expectativas sociais e decisões jurídicas acerca do regime diferenciado de contratações públicas

Abstract

This study aims to analyze social expectations (political, economic and legal) that revolve around the Differentiated Regime of Public Contracts and legal decisions built in resolving litigations arising from the new bidding model. DRC's contradictions will be studied with the usual criteria of bid, as opposed to the need to break with bureaucratic hurdles and upgrade of existing mechanisms in public procurement in the contemporary Brazilian legal system. It will also be exposed the history of public management models that characterized the different stages of the Brazilian Public Administration, to thus explain the reasons that led to the enactment of Law No. 12,462 / 11, which established the DRC. The expansion of the Differentiated Regime of the scope of Public Procurement, and the consequent gradual emptying of the regime of Law No. 8,666 / 93 will be addressed. The approach method used is the deductive method because, from a factual and theoretical focus on public tenders in Brazil, we intend to reach a conclusion about what are the limits and possibilities for realization of social expectations and building decisions Legal about the Differentiated Regime of Public Contracting.