Direito fundamental à boa administração pública: análise da gestão e condução de certames licitatórios

Abstract

The present study aims to demonstrate by the phenomenological method, through a direct view, what violates the fundamental right of the public good administration due to the bad management in the proccess of the public bidding. Thus, this serious problem noted in public biddings will be studied, in order to show the consequence of State's ineffectiveness in the realization of fundamental rights and guarantees. Based on the premise that the Brazilian Federal Constitution states that Public Administration must be based on the principles of legality, impersonality, morality, publicity and efficiency and that the purchases made by its public organs should be preceded by bids, this essay intends to unveil what constitutes the bad management in the conduct of such acts. In order to do so, in an initial moment, general notes on the fundamental right of the citizen to the public good administration will be made, in comparison with the State necessity to promote correct and accurate bidding competitions. Then, Brazilian republicanism, neorepublicanism and the treatment given to the people at these circumstances will be described, because it can be noted a certain popular clamor for civic values and the love for the country by the citizens who feel somewhat "victimized" by this context of crisis. Next, the bidding process, its history, modalities and principles will be studied. Likewise, examples concerning the origin of some federal's worker incorrect behaviour will be given, indicating that is a question of immorality, lack of solidarity and a certain cult of the “Brazilian way” that results in a confusion between public and private. Finally, in the last stage of the work, the goal will be to demonstrate that poor management in the conduct of bidding processes implies a scarcity of fundamental rights, proving that these measures violates the basic constitutional principles and the republican pillars.