AASP: STJ - Maintained action impropriety against no-bid contract law

News
Date / Time: 07/28/2016 - 08:13:57
STJ - Maintained action impropriety against no-bid contract law
Following open disagreement by the Minister Benedito Gonçalves, the First Chamber of the Superior Court of Justice (STJ) sent pursue civil action for improper conduct, moved by the Pubic Ministry of Minas Gerais against former mayor of Muriaé (MG) and a hired law firm without bidding.

The Public Ministry (MP) filed a grievance against regimental decision of the rapporteur, Minister Napoleon Nunes Maia Filho, who had denied following the special appeal. In regimental, the MP argued that the services contracted by the city refer to sponsorship generic causes, which does not require recognized expertise to justify the unenforceability of bidding.

hypotheses

In his opinion, Benedito Gonçalves reiterated that the Supreme Court has settled understanding that only hiring without bidding advocacy service is possible if it is properly demonstrated the uniqueness of the service being provided and the recognized expertise of the contractor.

For him, in this case, it was not adequately demonstrated the direct hiring of advocacy service was due the uniqueness of the activity to be performed and recognized expertise office. "Which is why you should proceed with the civil action in order that better it is established the facts alleged in the exordial" he said.

According to the Minister Benedito Goncalves, only with further action and the appropriate evidentiary statement it will be possible to ascertain whether the direct hiring of Muriaé Municipality by law service fits or not the hypothesis allowed the Supreme Court's case law for the waiver of bidding.

Process: REsp 1464412

Source: Supreme Court