A sanção a licitantes e fornecedores a luz dos dispositivos das leis 8.666/93 e 10.520/05: possíveis antinomia e conflito de competência para aplicação da sanção

Abstract

The sanctions process suppliers has long been held by the state administrative units and has great concern about whether such procedures meet the individual rights and guarantees present in the Brazilian Constitution, the law of contracts and bids in the Auction Law. The objective is to, with this work, find a way legally safer to advise the municipal starting up the use of electronic bidding on possible sanctions to suppliers, we used the dialectical method in order to establish basic conceptual premises, and then, in the procedural phase, the comparative method, to make possible the analysis of the multiple facets of sanction procedures available. In analyzing the results it was found that from 2005 to the end of 2010, there was an increase in the number of open sanction procedures, and also had it, too, a considerable increase in the universe of companies that have become delinquent with respect to the faithful fulfillment of obligations of bidding are 155 pages of suspensions and only 36 declarations of unsuitability, proving once again the importance of Electronic Auction.