O pregão eletrônico e as vantagens de sua utilização nas contratações públicas brasileiras

Abstract

The purpose of this study is to show the advantage of “eletronic procurement” method of the brazilian government acquisition process. The “acquisition” is the way public manager has to buy products and hire services for the government to do its institutional job. However the brazilian federal acquisition the law nº 8.666/93 and its acquisition methods did not succeed in celerity and efficiency, giving the government low efficiency in spending public funds. The “auction method”, governed by the law nº 10.520/02, and its eletronic way, regulated by the decree nº 5.450/05, came to bring many benefits for public administration. Not only simplifying the procedure, like reversing the steps of qualification and evaluation of bids and resource economics, but also hindering fraud by companies, because of its objective touchstone of judging proposals associated with, among others, large publicity, giving more control and transparency in public resource managing. Nowadays, tranks to the success achieved by yhe method, there is much discussion about the possibility of extending the use of “auction method”, including in hiring of works and engineering services, where more occurs theft of funds, like an anticorruption tool. Following the success of “auction method” of the government acquisition process, was proposed the law project nº 32/2007, tryring to make an acquisition process code, consolidating and improving the current rules, with significant changes, especially in expandind the use of “auction method”, in its eletronic way, nowadays restricted to buying products and hiring ordinary services.