A possibilidade jurídica de os entes federativos estabelecerem novos valores para definição das modalidades licitatórias : uma análise da atuação do Tribunal de Contas do Estado de Mato Grosso

Abstract

The objective of this study is to analyze the decision of the Court of Accounts of the State of Mato Grosso, as set forth in Resolution 17/2014, which brought the legal possibility of the other entities, other than the Union, to update the amounts of the bidding modalities present in the Law No. 8.666 / 93. In the decision, the Court of Auditors found that art. 23 of said law is a specific rule, and, once it is not in the role of art. 22, XXVII, of the Federal Constitution, can be legislated by the municipalities. As a result of this decision, several municipalities issued laws updating monetarily the values of art. 23 of Law 8,666 / 93, which, some of them, were the subject of direct actions of unconstitutionality. In turn, the Court of Justice of the State of Mato Grosso decided, by majority, that the municipal laws in question are constitutional, because of the art. 120 of Law 8,666 / 93, which establishes the monetary correction of the values, of the law, be a specific norm, which can be legislated by the municipalities, states and Federal District. It occurs that the decisions of the Court of Accounts of the State of Mato Grosso and the Court of Justice have consequences in the legal world, which will be analyzed in the present work, being considered, besides the unconstitutionality of the laws, the shock to the federative pact.