Abstract

VALENCIA TELLO, Diana Carolina. CRITICS TO THE DIFFERENTIAL REGIME OF PUBLIC PROCUREMENT. Prolegómenos [online]. 2016, vol.19, n.38, pp.61-75. ISSN 0121-182X.  https://doi.org/10.18359/prole.1970.

Because of the Football World Cup of 2014 and the Olympic Games in 2016 in Brazil, the National Congress approved the law 12.462/2011, which creates the Differential Regime of Public Procurement (RDC) in order to have an efficient procurement regime. From 2012 the scope of the RDC spread through various laws to other areas and strategic public sectors, confirming the trend that the RDC becomes the tender model usually adopted by the public administration, to replace the general procurement regime. This trend is worrisome because, as it will be analyzed in this article, the RDC trivializes some fundamental principles of public procurement, which are essential for the proper functioning of democratic constitutional States.

Keywords : Public procurement; Football World Cup; Olympic Games; differential regime; democratic constitutional State; unconstitutionality.

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