Licitações: pregão eletrônico e sistema de registro de preços

Abstract

The aim of this study is to discuss the bidding process established by the Federal Government, the Electronic Trading and Prices Registration System, in addition to the specific objectives of (1) to analyze the advantages and disadvantages associated with the Electronic Auction bidding mode; and (2) demonstrate that the Electronic Bidding opens up the possibility of participation of companies and / or people who are not able to bid with public agencies. The methodology used was the bibliographical research. It was concluded that the issue of Decree No. 4,342 / 2002 introduced a § 3 of art. 8 of Decree No. 3,931 / 2001, according to which "the Price Registration Act, during the term may be used by any agency or management of the entity that has not participated in the bidding contest," giving the public administration the figure of " Carona ", recognized by Decree No. 7,892 / 2013, ie an administrative body that benefits from SRP Registration Act without having participated in the bidding, which for many scholars violates the constitutional principle of mandatory bid and other principles which are determined to general government (legality, equality etc.) and, therefore, this procedure should be considered invalid.