Da obrigatoriedade de regularidade fiscal das empresas no processo licitatório

Abstract

To present monograph it analyzes necessary manifestation of the fiscal regularity of the contracted companies for the Federal Public Administration, not only during the process licitatório, but for all the execution of the administrative contract, as well as when of the relative payment to the execution of the object of this. That analysis leaves of bibliographical research concerning the procedures, whose observance is obligatory to the organs of the Federal Public Administration for the auction and the recruiting of goods and services. Some were approached points of that that, in rule, it is the first step for the accomplishment of the administrative contract, in other words, the auction. It was told compulsory nature of this procedure in the Public Administration, as well as of the demands contained in it edits him/it I of the auction. Still in the same context the demand of the fiscal regularity was shown as prerequisite, as well as, the distinction that she should do between fiscal regularity and quittance. It was followed with an abbreviation study of the administrative contract in what refers to his/her concept, his/her distinction of the contracts governed by the private right, in the way as his/her interpretation should be proceeded, of the subject of this contract type, their characteristics foreseen in the law of auctions, as well as, of their obligatory and exorbitant terms. The subject of the applicable sanctions was brought by the Federal Public Administration to the contracted, explaining the way as these is fastened and the possibility of the use of the power discricional on the part of the authority (or agent) administrative competent when of the application of the sanctions. It is made an approach in what refers to the fiscal sanctions. It is shown, at the end, the subject of the demand of the fiscal regularity that finds legal help, since it doesn't implicate in measures of direct and been improper mediation in the economical activities of the contracted and in the national juridical order, what seals the adoption of the collection of constancy of the fiscal regularity, even after the process of licitation.