Does the State-owned Companies Law contribute to simplify and enhance the legal certainty of bidding and contracts?

Abstract
Law 13303/16 demands the execution of a prior bidding procedure for contracting made by
state-owned companies, in compliance with Art. 37, XXI, of the Federal Constitution. The rule,
however, is not applied in the contracting required for the business performance of these entities,
such as those related to the direct sale, provision or performance of products, services or works
specifically related to their respective purposes, so that the state-owned company is not at a
disadvantage in relation to the agility of private business companies and competitors. Although
these companies are exempt from bidding for the purchase of goods, works and services related
to its respective purposes, their contracting must be honest and transparent, in accordance
with the principles governing the performance of public administration, selecting their partners
through an isonomic, impersonal and transparent process.
Author Biography
Jessé Torres Pereira Junior
Justice of the Court of Appeals of the State of Rio de Janeiro. Professor and
coordinator of the graduate programs in administrative law of the Judicature
School and the Legal Administration School of the Court of Appeals of the State
of Rio de Janeiro. Visiting professor of extension courses in public law of the Law
School of Fundação Getúlio Vargas, in Rio de Janeiro, RJ.
Marinês Restelatto Dotti
Counsel for the Federal Government. State Law Specialist and Economics and Law
Specialist (UFRGS – Federal University of Rio Grande do Sul, acronym in Portuguese).
Professor in the Public Law extension program with a major in Administrative Law from
UniRitter – Laureate International Universities, in Porto Alegre, RS.