A (im)possibilidade de aplicação do incidente da desconsideração da personalidade jurídica como extensão dos efeitos sancionatórios por ilicitudes licitatórias

Abstract

This work aims to analyze the impossibility or possibility of applying the disregard of legal personality in public bids, as an important instrument to the prohibition of unlawful acts, without hurting the principle of instranscendence of punishment. The work was carried out under the deductive method, using bibliographical research, scientific articles, jurisprudential decisions and legal provisions pertinent to the subject. Initially, an approach was taken to the principles and principles that make rules for the bidding procedure, the observance of which is inherent to bidders. Acting in a different way provokes an illegality, giving rise to the Administration an action in order to restrain them. The disregard of legal personality proves to be an important tool in the repression and prevention of fraud, by relativizing the autonomy of the personality to penalize perpetrators who abuse and conceal it. One of the consequences of disregarding the legal personality is the restriction to the right to bid, which has given rise to some authors to treat as a new type of sanction to the legal person, however, it is understood that the restriction to the legal person is due to the effects of the penalty imposed on managing partners. In this way, it is concluded that the Administration may disregard legal personality in relation to the bidding process, since the legal nature defended is justified by the essential difference between the penalty applied and the extent of the sanctioning effects.