As exigências habilitatórias na licitação à luz do princípio da juridicidade

Abstract

The principle of legality is expressed in the Constitution of 1988 and binds the Administration and the actions taken by their managers to the law and can only act according to what the law allows. So too for acts performed in the bidding, which is a procedure regulated by Law 8666/1993 for the Administration to hire their services and buy their materials for the execution of their activities. It happens that the principle of legality narrowly interpreted the Public Administration can lead to an inefficient operation. With this in mind, this paper seeks to understand how the conceptual evolution of the principle of legality and the principle of legality construction had and is having its discourse legitimizing developed from the constitutional principles and thus should analyze how the performance of the manager public in the conduct of the bidding process, this work specifically in the qualification phase, in accordance with the principle of legality. We started talking about the principle of legality applied to public bidding, showing how the manager is bound by law throughout the bidding process to then present the evolution of this design principle, and thus reach the conception of legality. After pondering about the manager's role not only in accordance with the law, but with the law began to talk specifically about this action before the bidding process. Finally, we will make the final considerations showing that the design takes the legality of public administration to put up according to the law and the law, not just the manager acting as an executor of the legal text, but as his interpreter.