O pregão como modalidade de licitação: uma análise comparativa de visões teóricas com a práxis pública

Abstract

This paper presents a theoretical and conceptual about the bidding method trading, characteristics, procedures and advantages through comparative analysis of theoretical views with practice. Defines the basic concepts involving the theme, such as public administration, procurement, guiding principles and modalities. Discusses the origin of trading as well as its validity, its amplitude, the intended object and procedures for its implementation. Characterized by swiftness, orality and simplicity of procedures, the trading seems a very dynamic and above all safe. Moots the main advantages of trading compared to other bidding modalities, be they economic, procedural, efficiency and transparency. Also the electronic trading devoted special attention, since their regulation within the Union, and more specifically in the state of São Paulo, represents a significant technological advance order at the service of the public interest. The analysis of official data presented by the state administration and municipal involving signings coming trading, demonstrate that in practice vary the results intended by the legislator, ie, although tangible benefits obtained by directors, are often obtained by adapting the theory to characteristics of the organ promoter. Praxis verified within the Municipality of Alambari proved to be different from the theoretical and legal determination, specifically the electronic system adopted for operation of electronic trading, which revealed the need for proposals directed to the adequacy of practice to theory. It was also found that beyond the purely economic results or procedural, those involved, there is the guarantee of fairness, legality and morality of actions, which preserves the image of public administration before society in general.