A problemática do sigilo do orçamento estimado pelo poder público nas licitações promovidas pelo regime diferenciado de contratações públicas: RDC e suas implicações (in)constitucionais

Abstract

Law No. 12.462, dated August 5, 2011 and its respective regulation Decree No. 7.581, dated October 11, 2011, which implemented the Differentiated Public Procurement Regime for the bids targeted for major sports events to be held in Brazil raised many controversial and stormy issues. Nevertheless it has acquired both defenders and accusers, the fact is that the Differentiated Public Procurement Regime caused (in)constitutional inconsistencies to the Brazilian legal system when established the confidentiality of the budget estimated by the government in bids promoted under the Differentiated Public Procurement Regime. Brazil seeks increasingly to improve the practice of administrative activities of their state apparatus through quicker and less bureaucratic procedures. However, as a Democratic State, which has been strengthened exponentially in a so promising way, the country cannot be guided by blind pursuit of efficiency for efficiency without complying with the maximum guarantees settled by the Federal Constitution, like the Principle of Publicity, which requires maximum transparency in the actions of public administration, except for the cases listed exhaustively by the Federal Constitution. This academic research proposes to Law professionals and society in general to think about the negative consequences brought by the institutionalization of the confidentiality of the budget estimated by the government in bids held under Differentiated Public Procurement Regime