Qualificação econômico-financeira em licitações públicas: uma análise quanto a eficácia dos critérios definidos na legislação.

Abstract

This research aimed to verify the effectiveness of the criteria used for analyzing the economic and financial qualification in bidding processes. To do so, it considered a sample of 32 companies extracted from the National Register of Disqualified and Suspended Companies, available on the Federal Government's transparency portal. These companies participated in bidding processes and, after contract signing, were subjected to sanctions due to failures in fulfilling contractual obligations related to financial difficulties. The analysis was conducted based on the criteria established by the Procurement Law and the Fleuriet method. The findings allowed us to verify that the Fleuriet method was more effective than the one established by the law, although it was unable to measure the economic and financial qualification. Finally, it is concluded that the methods failed to ensure the Public Administration the full financial health of the studied companies, highlighting the need to discuss the methodology imposed by current legislation as well as the legitimacy of the information provided by participants in bidding processes, particularly with the inclusion of profitability variables.