Licitação para contratação de merenda escolar modalidade pregão eletrônico: o caso da Secretaria de Educação de Jaboatão dos Guararapes-PE

Abstract

This article intends to analyze how the bidding process is relevant to the best choice of goods and services to be hired by the Public Administration to meet the needs and guarantee access to the basic rights guaranteed by the Federal Constitution of 1988, observing the gaps for the practice of acts of administrative improbity. According to Article 6, social rights include education, work, leisure, security, social security, maternity and child protection, assistance to the homeless. Among the bidding modalities existing and practiced by the public entities for contracting the demands of the common interest is the Electronic Bidding used for the more agile and bureaucratic analysis of the proposals, this modality is used in the municipality of Jaboatão dos Guararapes to contract the snack which now serves 69 thousand students from the public school system. Government purchases move a high value of public resources and in this way deserve to be observed and audited by the responsible organs. In the period between January and December 2014 alone, R $ 62.1 billion were spent on the acquisition of goods and services through 196.9 thousand bidding processes, taking into account all possible contracting modalities (SECRETARIAT OF LOGISTICS AND INFORMATION TECHNOLOGY,2015). In the year 2014 governed by the governor of the then president of the republic Dilma Roussef, 196,954 cases occurred, the states that stood out for the number of processes carried out in federal agencies were: Rio de Janeiro, Rio Grande do Sul, Minas Gerais, Federal District, Paraná, São Paulo, Pernambuco, Pará, Santa Catarina An analysis of the data and information published on the condemnation of acts of administrative impropriety explains the importance of the bidding process for the proper conduct of public management and how the crimes related to the integrity of the processes can jeopardize the public coffers Law No. 8,429 of June 2, 1992 provides for the unlawful acts of public agents: Article 9 1st of this law ". Taking these aspects into consideration, it is understood that acts of corruption committed during the execution of public administrative processes contribute to the vulnerability of the hiring process, jeopardizing their efficiency, and thus damaging Brazilian taxpayers.