Navegando por Palavras-chave "public procurement"

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    Homogeneidade de bens na administração pública: considerações sobre a lei de licitações e o direito jurisprudencial na área da saúde
    (Universidade Federal de São Paulo (UNIFESP), 2015-08-25) Rizatelo, Wander Roberto [UNIFESP]; Leister, Ana Carolina Correa da Costa [UNIFESP]; Universidade Federal de São Paulo (UNIFESP)
    The Constitution of the Federative Republic of Brazil of 1988, in the context of the country?s democratization after the military regimen period, allowed power decentralization simultaneously with the adoption of a legal framework which would be able to consolidate principles such as competition. According to the Marshallian partial equilibrium analysis, in competitive markets prices are the lowest possible and goods are homogeneous. The Law 8.666/93 along with the Law 10.520/02 seeks the approach of the public procurement to the competitive principles and to promote the supremacy of the public interest over the private by aiming the lowest prices and favorable conditions to the Government. The guard of the Constitution of 1988 was assigned to the Supremo Tribunal Federal, whose jurisprudence related to the health law, notably in the case of high cost medicines grants the supply of these goods to the petitioners, but without deepen into distributive issues. The prices comparative of subsistence products in the retail with federal sphere auctions does not indicate higher prices in the bidding processes. The cluster analysis indicates that the pleaded medicines have higher prices than those available at the Programa Farmácia Popular do Brasil.