A configuração jurídica das compras governamentais por padronização como concretização do princípio da eficiência

Abstract

The main theme of this work is the standardization of governmental procurement seen as an instrument to concretize the efficiency. The aims are to investigate its juridical configuration, analyze the constitutional framework in which it is based, observe its procedure, enumerate the main obstacles to its effectiveness and present contributions to the procedure in order to achieve efficiency to governmental procurement, according to constitutional principles, especially equality. It is a bibliographic exploratory study with the option to the positivist method with solid basis on logic-semantic constructivism. Its characteristic traits and hypothesis of application are identified, as well as the points of view which limits the standardization, interfering in its effective concretization. The juridical questions related to the constitutional framework are studied, by analyzing the points of tension among the principles of efficiency, equality and the standardization to verify whether constitutional impediments to its application exist. The work raises and criticizes the main questions related to the procedure which was theoretically conceived by experts in administrative law and which limits its full achievement. Standardization is presented as an instrument which harmonizes the principles of efficiency and equality, but whose procedure needs to be rethought. Exhausting the topic is not the objective of the study, but to present new parameters of conformation as a contribution to the development of standardization in order to make it become a dynamic procedure and a routine among public agents