The specific intent and formalities pertaining to the waiver or unenforceability of bidding: analysis of jurisprudence Inq. 3,962/DF

Abstract

This article analyzes the Inq. 3,962 / DF, whose main purpose is to discuss the need for proof of specific intent to characterize the criminal conduct defined in the second part of article 89 of Law 8,666 / 93, namely: failure to observe the formalities inherent in the dispensation or the non-enforceability of bidding. The understanding was that the formalities required would be those set forth in article 26 of the aforementioned law, as well as punctuated, on the basis of the case under analysis, that, in view of the fulfillment of legal formalities through the public manager, then, for the purpose of effective criminalization, it is necessary for specific fraud to disinfect conduct, which, for example, can be demonstrated if there is a collusion between agents involved.