Inexigibilidade de licitação na contratação de serviços e o seu tratamento perante o direito administrativo sancionador anticorrupção: uma análise de julgados dos Tribunais de Contas

Abstract

This work focuses on investigating the treatment of inexigibility of bidding in service procurement from the perspective of Anti-Corruption Administrative Sanctioning Law, considering the jurisprudence of the Audit Offices. This research is justified by the academic relevance of deepening the analysis of exceptions to the principle of mandatory bidding and by the social importance of ensuring transparency and accountability in the management of public resources, given the increasing relevance of the topic of procurement through inexigibility with questions regarding the actual infeasibility of competition and the observance of administrative principles. The use of inexigibility of bidding in service procurement, in some cases, fails to observe legal requirements and the principles of public administration, potentially constituting a mechanism to circumvent bidding rules and give rise to the application of sanctions within the scope of Anti-Corruption Administrative Sanctioning Law. This work, therefore, intends to verify the extent to which current legislation and the judgments of the Audits Offices foresee or remedy acts of administrative misconduct and/or corruption committed by Public Agents or private individuals