Contratações de profissionais artistas e/ou bandas pela esfera pública mediante inexigibilidade: um estudo sobre as irregularidades e seus desdobramentos

Abstract

This paper intends to discuss hiring professional artists and / or bands performed by the spheres involving the Government, highlighted by municipalities in through the waiver process , with the fulcrum in art.25 , subsection III of Law No. 8,666 / 93 . This contract is part of the list of committed , settled and paid the jurisdiction of the municipalities of the Regional Inspectorate of Palmares (IRPA) , regional center of the Court of the State of Pernambuco ( PE - TBI ) costs , of which I am part of the auditor oversight all, the latter having been one of the reasons that sparked me to treat on this subject , not discarding the frequency that happens and the high values involved . The beginning is an approach based on the doctrine of the historical process of standardization of the bidding process in Brazil , being evolved with the systematization of laws dealing with the subject , culminating in the regulatory framework that has been the enactment of Law No. 8.666 / 93 , noting that the approach related to its composition with expansion of procedures and rules , characterization of crimes and punishments , and the linking of his principles with constitutional and administrative . It then goes on to demonstrate in practical situations experienced ECA -PE , with understanding and positioning of its decisions , through their decisions , beyond doctrine and decisions issued by the Court of Audit ( TCU ) on this contract , with summary and judgments . But the fact is that not fail to observe the effects of breach of legislation confronting the practical situations detected in samples in the accountability of some municipalities of Pernambuco , now focused in this work . Also the tone of penalties in bidding law was observed : administrative sanctions ; crimes and penalties and administrative misconduct to be partaker of the process now administrative agents , managers , bidder third for his wrongful act or default and action. Notably , this entire framework here presented aims to bring to light the dichotomy : on one hand the sort of bidding , with emphasis on Art.25 , paragraph III , which governs the hiring of a professional artist and / or band and the other the hires made in practice by the Government, the norm being disrespectful , oblivious to the going consensus of society .