Licitação nas empresas públicas e sociedades de economia mista

Abstract

The objective of the present study was the study on the biddings of public companies and mixed-capital companies, in light of the recent legal status of state-owned enterprises, established by Law 13303/2016. It is questioned the coexistence of the application of the regime of public right and of the regime of private law in the licitations of the state-owned companies. At the outset, to form the necessary basis for understanding the central theme of this work, we will study the difference between state-owned enterprises that exploit economic activity and those that indirectly provide public services. The next step is to study the constitutional framework of the bids and the general overview of the bidding rules of Law 8,666 / 1993. Finally, the innovations and specific rules of Law 13303/2016 will be approached in relation to state bids and contracts, as well as the controversial aspects presented by this new Statute. The methodology was used as a bibliographical one, with procedures related to the scientific instruments of the research, which is of a theoretical / historical nature, to do so, the dialectical aspects of the legislation will be observed, as well as its historical process, with the updating of legislation.