Legislative evolution of the bidding procedure:

an analys is of the use of affirmative actions in the state's purchasing power

Abstract

The bidding consists of an administrative procedure that has as its central objective the selection of the most advantageous proposal for the Public Administration when entering into contracts. The mentioned institute was first estabished in Brazil, albeit in a very rudimentary way, approximately 150 years ago. Since then, the norms that legislate on the subject are in constant evolution, being that, mainly after the promulgation of the 1988 Constitution and after the advent of Law nº 12.349/2010, which changed art. 3 of Law 8.666/1993, the bidding procedure has been given the important function of encouraging material equality, through the adoption of affirmative policies. In this context, we will seek in this article to discuss the historical contextualization of bids until the present times, focusing on the analysis of affirmative actions within the scope of the State's purchasing power. With this, the goal is to examine whether the current laws that deal with the theme are, in fact, efficient considering the purpose for which they are intended. What is intended, therefore, is to verify whether the norms they have regarding affirmative bidding policies are self-applicable and, also, whether they are able to coexist with the purpose of selecting the most advantageous proposal from the perspective of economics.