Análise da lei complementar nº 123/06 nas licitações públicas com a administração pública: um estudo de caso na Universidade Federal de Santa Maria

Abstract

The Federal University of Santa Maria served as a case study to evaluate the participation of Micro and Small Businesses in bidding in the form of electronic trading in the years 2005 to 2010 conducted by the university. The 1988 Federal Constitution, in articles 170 and 179, already indicated the need for a public policy that would ensure benefits to small businesses, aiming to reduce inequality between them and other companies. Complementary Law No. 123, which establishes the Statute of the National Micro and Small brought procedural changes of great significance, coming to change the outcome of bidding contests. With the advent of Complementary Law No. 123/06 was followed the constitutional determination, enabling thus ease market access for micro and small enterprises with regard to holdings that they may have in the bidding procedures instituted by the Public Administration. The main objective is to verify the positive effects of the Supplementary Law No. 123/2006, was brought benefits to micro and small businesses, to reduce the inequality of the same with the others in the commercial market, bringing with it a competition law between companies in general. The methodology used was the case study, the research literature and documents. The results showed that the innovations contained in the legislation, with changes in both the bidding stage to the stage of activation and recruitment resulted in procedural changes of great significance, coming to change the outcome of the bids. From all the foregoing teaching, coupled with detailed reading of Complementary Law 123/06 and other laws pertaining to the matter, it appears that, with the advent of that additional legislation was constitutional then determining the scope of Articles 170 and 179, enabling this way, the increased participation of micro and small enterprises, as regards participation in the same bidding procedures UFSM.