As decisões do Supremo Tribunal Federal sobre competência legislativa em matéria de licitações: existe uma definição do que são normas gerais e específicas?

Data
2019
Orientador(res)
Glezer, Rubens Eduardo
Monteiro, Vera Cristina Caspari
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Resumo

Article 22, item XXVII, of Brazilian Federal Constitution, foresees that the Federal Government has the exclusive power to legislate on general rules for all types of bidding and public procurement. However, in parallel to this constitutional provision and to the general rules issued by the Federal Government, and especially to the Federal Law No. 8,666/1993 (Public Procurement Law), the States, Municipalities and the Federal District have been enacting their respective rules on the matter of bidding. This work analyzed all relevant judicial proceedings before the Federal Supreme Court in which the aforementioned State, Municipal and District rules had been challenged precisely due to the claim that they were violating the legislative competence of the Federal Government. Nevertheless, the competence of the Federal Government is only exclusive in relation to the enactment of general rules; therefore, it does not encompass the enactment of specific rules on bidding. As per the analysis of the case law of Federal Supreme Court, it was concluded that there is still no accurate definition on the meaning of general rules and specific rules regarding the matter of bidding. However, the research concluded that, depending on the subject matter of the challenged rules, the understanding of the Federal Supreme Court differed. Thus, this work identified the main criteria used in the decisions regarding the limits of the competence of States, Municipalities and Federal District to legislate on the matter of bidding.


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