Garantia do princípio constitucional da eficiência no procedimento licitatório do pregão eletrônico

Abstract

The following work analyzes the government acquisition process of electronic auctions (instituted by law #10.520/2002) as an instrument for guaranteeing the constitutional principle of efficiency in choosing the best proposals for administrative contracts. Our research employs literature review utilizing the deductive method. Its main goal is to analyze multiple angles of the problem - not just the efficiency of the bidding process (which includes expediency and lower cost evaluation), but also its effectiveness (acquiring quality goods and services with in an effective manner, according to available technical criteria). Our specific goal was to conduct a literature review on the subject, further complemented by analysis of the Court of Auditors' case laws. This analysis demonstrates that the acquisition of goods and services by the public administration should not be guided just by the lower cost criteria, which leads to delivering low quality services to the population. This model may even stop the public machine on its tracks due to the low quality of available materials necessary to its services - materials acquired in supposed advantageous acquisition processes. Supported by our analysis, we present alternatives to assist the acquisition process in reaching its constitutional goals. These alternatives have already been used in Court of Auditors' case laws and thus have been approved by Brazil's jurisprudence; they include instituting the requirement of technical proofs and the specification of minimal standards of quality during the creation of the acquisition process.