As contratações emergenciais de bens, obras e serviços do poder público

Abstract

The goal of this work is to verify the theoretical application of the emergency procurement of goods, works and services of the Public. The research method used was deductive, behold, starting from general considerations, statements, principles and doctrinal analysis, we sought a conclusion. With work, we obtained a general concept on the bids, considering their application, culminating by conceptual analysis and practice of emergency procurement of goods, works and services of the Public. Finally, it was concluded that this option, when used within the spirit of the law, is of total benefit to the public interest. The public management purpose is to attend the public interests. It does not belong to anyone in special, the highest the authority may be, the merit or the moral appropriateness. It, in full, belongs to everybody, to the collectiveness, being bigger than the individual sum of interests. However, when it is attended, it ends up giving, in a reflex way, the attendance of the conceived individual interests. In the case of particularly public contracting, is for serving the public interest, the assumption inscribe in the Constitution of public bidding. Public tender and administrative contract presuppose, therefore, attendance to the public interest. This way they require the observance to strict formalities prescribed by the law, formalities that in situations in which the Public Power must act immediately, may damage the attendance to the public interest. Nevertheless, in face of an emergent or calamitous situation, the law number 8.666/93, authorizes the administrator to proceed the emergent contract, withoret the formal requeriments of the previous public tender. This way, this work aims at verifying the hypotesis in which the administrator is authorized to make use of the emergent contract aiming at attending the public interest, without affront the reeling principles of the Administration procedure.