“SPECIAL RECOGNITION” AS A REQUIREMENT FOR THE UNENFORCEABILITY OF THE BID PROCESS FOR DIRECT HIRING BY THE PUBLIC ADMINISTRATION

Abstract

The article that follows bellow will be focused on the hypothesis of the direct hiring by the Public Administration. The focus of this research is to question the legality of those direct hiring’s and if the process is under the regime of principles, which builds the Public Administration and the bidding process. The bidding process is responsible for the hiring, disposal of assets, construction works and services of the public carrier. The hypothesis of the article is based on the obligation of the public carrier. The hypothesis of the article is based on the obligation principle and the exceptions that the bid process cover. The article is divided in three parts: the study of the Public Administration and its general aspects, the obligation principle and the hypotheses of direct hiring and finally, this work analyzes the special recognition as a requirement of the direct hiring, based on article 25 of the Bidding Law (8666/93 Law). The approach method will be the dialectical and will be done by comparison and legal search through the CESUSC’s Library archive, as well as, specialized sites on the Internet.