Procedimento administrativo de reabilitação de empresas declaradas inidôneas com base na nova Lei de Licitações: A tutela antecipada nas situações de dano não apurado

Abstract

Rehabilitation is the legal institute through which rights limited by a penalty applied due to the finding of an illicit act are restored. In the case of the declaration of unsuitability applied in situations of serious infractions in bidding processes and in the execution of public contracts, the rehabilitation requires the full repair of the damage caused by the private entity, in addition to other conditions established in art. 163 of the new bidding law (Law nº 14.133/2021).
Rehabilitation in theory can be denied due to the lack of proof of compensation for the damage caused, but the situation in which the damage has not yet been properly determined by the State deserves a different analysis. In this situation, once the undisputed portion has been reimbursed and the other legal requirements are met, it is possible to grant the preliminary injunction in the qualification procedure to suspend, on a provisional basis,
the impediment to bidding and contracting with the State. The article was produced from documentary research, in particular incident on the New Bidding Law (Law nº 14.133/2021) and the Anti-Corruption Law (Law nº 12.846/2013), in addition to their regulations. In addition, the article was also based on bibliographical research, including the use of the institute of urgent guardianships arising from Civil Procedural Law.

Keywords: early protection; Anti-Corruption Law; Bidding Law; liability of private entities; dishonesty.