O pregão eletrônico e as condutas de fraude ou frustração de procedimento licitatório

Abstract

The present work seeks to analyze the electronic auction as an efficient bidding procedure, since it was established by Law nº 10.520 / 2002 and regulated by Decree nº. 10.024 / 2019 to guarantee efficiency in the processes of acquisition of common goods and services with guarantee of advantageous proposals for the public administration. In the research, the bibliographic review was adopted as a modality and the method was deductive. The objective of the work was to expose the most common forms of infractions in bidding procedures through the electronic Auction and the tools to combat these practices from the perspective of the principle of morality. The specific objectives were to verify the issues involving morality in the public administration, mainly in the bidding procedures carried out through the Electronic Auction and if this modality meets all the requirements for an acquisition or contracting above any suspicion without any evidence of fraud or gaps for them to occur. Given this context, it is possible to state that the studied bidding modality has flaws since there are concrete cases that have recently occurred that point to frauds similar to those that occurred in other modalities.