Dispensa de licitação por critério emergencial: contornos jurídicos e análise da possível responsabilização do gestor administrativo.

Abstract

According to article 24, item IV, of the Bidding Law (LF No. 8.666 / 93), the institute of the Emergency Dispatch, based on an emergency situation, in urgent cases, has been widely used in public management, involving millions of reais. These emergencies can be caused or have their effects worsened by acts or omissions of the agents involved, whose responsibilities have not yet been analyzed by legal doctrine. In this way, the question is: how to create a more effective tool than those already included in the available legal framework with the objective of promoting this control over legality and morality in the use of the institute in question? This work, which is the result of practical experience in the area and in-depth theoretical research, presents a simple change in the bidding law, namely: propose a legal amendment that links the authorization of the Bid Waiver to the determination of the concurrent opening of administrative institute, a very widespread institute in the field of public management, aimed at ascertaining indications of responsibilities regarding the circumstances of emergencies. Such a substitute for the bidding law will encourage managers to reflect on the timeliness and appropriateness of authorizing emergency dispense in emergency situations, as well as to promote immediate investigation into the legitimacy of these emergencies and possible liabilities.