Princípios nas licitações: Como aplicar o formalismo moderado sem ferir os demais princípios licitatórios?

Abstract

This article has the general objective of clarifying how moderate formalism should be applied within the scope of bidding processes, without violating the other principles. For this, the most up-to-date understandings on the subject were listed, both in jurisprudence and in doctrine. The intended result of this study is the guidance of managers who eventually find themselves in a situation of uncertainty and legal uncertainty about how to proceed in the conduct of the competitions under their responsibility, notably when there are different positions between judgments of the Court of Auditors or even the Judiciary Power. Such a situation can be managed by applying the principles of bidding, among which the principle of moderate formalism stands out.