Equality and sustainable development in the procurement procedure:

the need for balancing public interests

Abstract

The present work aims to analyze the duality between two public interests found in the context of public procurement: equality (which seeks to enhance the competitive nature of the procurement process in favor of selecting the lowest price) and sustainable development (which aims to establish measures that can safeguard the environment for current and future generations, for example) and their need for balance during the procurement process. Thus, the first step is to examine the doctrinal understanding of public interest, its historical implications, and the problems encountered in the conception of the Democratic Rule of Law. Subsequently, there will be a discussion about how to weigh different public interests in the context of the administrative process, based on the understanding of administrative law as a system, as proposed by Eberhard Schmidt-Assmann and Eurico Bittencourt Neto. Therefore, it is proposed to analyze how Brazilian administrative doctrine conceptualizes "equality" and "sustainable development" in the context of public procurement, as well as the various facets of sustainability. Finally, administrative doctrine understands that the very concept of equality should encompass sustainable parameters in shaping the best proposal. Thus, it is necessary for various government agencies to work together through a proper administrative process with the purpose of better aligning these two interests. This balancing should be proportionate and rationally justified, always focusing on the importance of the generated utility.