O regime diferenciado de contratações públicas e os reflexos nos atos da administração pública brasileira

Abstract

The new Regime of Public Procurement (RDC - Law 12.462/11) was introduced in the Brazilian legal system, in an attempt to speed up infrastructure projects of sporting events, of which Brazil would be thirsty. Among its objectives are to search for the best relation between cost and benefit to the public sector, bringing innovations and eliminating bureaucratic and slow rituals. With these measures , would allow improving the efficiency in public buildings and competitiveness among the bidders. The relevance of this work is part of a new context, in testing by the government , which has come under criticism and praise , and with it, a concern about the influence the actions of government. In this perspective, it was distributed in the following three chapters , in which it comments on the historical aspects of procurement and contracts and the reasons for bid. Was given a special focus with regard to innovations brought by the DRC, showing how this influences suffered in acts of public administration, and stressing the Administrative Principles of the new system bases , relating to Law 8,666 / 93 and Law 10,520 / 02 . It was also analyzed , in this light , social issues and the Law 12.462.11 , and the interference suffered the subsystems of the economy, politics and law. Thus , it is important to enter the public about the Differentiated Contracting Regime, and the alleged unconstitutional of Law 12.462 / 11. With mainstay in bibliographic research, it can be seen that the changes brought about by the optional implementation of the DRC had relevance in acts of public administration , for from this new perspective , even if experimental, it can be observed that although the idea of innovation in the concept of agility and economy of the DRC and predict significant changes to increase competition and drive down costs, still has a lot to be suitable to the Brazilian reality. Both with regard to compliance with the principles of legality and morality, as with respect to the qualification of the public official.