Public Tenders

The purpose of this work was to research the feasibility and legal possibility of using the public bidding method in paid concessions for the use of public assets, based on the public interest, efficiency and economy, despite the express legal provision that the use of the competitive bidding method is mandatory for granting concessions for public services. In addition to the bidding process, this research deals with the legality of making a "reverse bidding process", a nomenclature coined by the author of this work, to mean a bidding process that is not for obtaining the lowest price, as established by law, but rather for the highest price for the administration, by the criterion of the highest bid or offer, specifically, in these cases of administrative concession of use of public property, which is extremely more advantageous. It was possible to see that the legal system is silent on the institute and regulation of the concession of use of public property, which leads administrative bodies and entities to use Laws 8.666/93 and 8.987/95 in these cases. He concluded that it is legally possible to use the auction modality in concessions for the use of public property with the criterion of the highest bid or offer.