O direito de preferência nas licitações públicas

Abstract

This work has the theme addressing the risk of increase in public spending, given the current legislation, the right of preference to micro and small businesses in public procurement, competition modalities, making prices, call and trading, according with Law number 8.666/93. Relevant to the topic constitutional precepts were analyzed, considering that the 1988 Constitution grants a favored treatment to companies of this size. Complementary Law number 123/2006 was approached by virtue of having established the National Statute of microenterprise and small business in Brazil, having established and regulated the criteria for the granting of benefits. The legal aspects of the Federal Decree number 6204/2007 which commits the federal public administration direct, special funds, municipalities, public foundations, public companies, joint stock companies and other entities controlled directly or indirectly by the Union also were addressed. In summary, we considered the criteria that the public service must observe to promote the best possible hiring when it comes to bidding processes, taking into account the principles of the Republic, equality, legality, impersonality, morality, publicity, efficiency, reasonableness and proportionality.