Tender: reflections on duty personnel inviting candidates

Abstract

This article examines one aspect pragmatically involving constitutional principles addressed to public administration and its relationship and applicability to the constitutional guarantee of public procurement. The reflection of the problem involving the discretion of the limit of the method adopted for the convening of
candidates for public tender before the principle of accessibility to public office and its related, namely: advertising, equality and impartiality. The discussion methodologically proposes behaviors essential to the protection of values protected by these principles, from the problematic reasoning and principled theory of Humberto Avila to examine the contours of judicial competence in managing these administrative acts. It is intended to contribute to the
jurisprudence in proposing rules that affect a democratic and efficient administration in dealing with this matter so lacking in legal discipline which is the Public Tender. The objective, in short, is the critical analysis of
main arguments militating for and against the candidate's personal duty to call in public exhibitions.