The Mitigation of the Principle of Advertising in the Bidding Process by Invitation

Abstract

The present essay was elaborated founded in bibliographic research with contemporaneous-history basis, applying the deductive method, intending to analyse the application of the publicity principle in the Brazilian Auction and Public Administration Contracts Law, the 8.666/93 Law, especially the invitation modality. Like the publicity is the rule to be followed by Public Administration in due to the manifested exigency of the article 37, caput, of the Federal Constitution, and of the implicit imposture of the article 5, XXXIII, doing a critical analysis of this principle limitation, established by the invitation modality, is exigent, though it antagonizes the constitutional systematic. The study of this subject earns importance because of the Democratic Law State exigency for the transparency in the administrative management and folk participation. Therefore, it will be demonstrated that in the present period of juridical evolution, when the citizen is called to participate of the Administration while is also offered to him the power to fiscalize and control the administrative acts, the restriction of the publicity principle becomes irreconcilable with the Law State, because it constitutes a cheat to the mentioned constitutional principle.