Contratos administrativos - inadimplência do contratado: causas, efeitos e meios de prevenção e evitabilidade

Abstract

The present study aims to investigate, analyze and discuss the causes and effects of default by the contractor, dealing with the unilateral termination of the contract, seeking to characterize this default, verify hypotheses and investigate their causes, the effects, talk about of impacts suffered by the Public Administration, the reflexes in public service, directly affecting the citizen user, and the consequences for defaulting. We will review and we will discuss some preventive default ways by the contractor, which are: development a satisfactory Term of Reference, concern with a not direction favoring bid, search for a valid and efficient bidding process; democratization of competition; presence of agents suitable public and private, and, finally, the making of a contract endowed with administrative efficiency and well equipped with mechanisms that limit, prevent and seek, in the latter case, remedy the default by the private contractor