Post by SHIHAB on Jan 11, 2024 0:45:10 GMT -5
Bidding for the concession of public services is only mandatory when there is competition between private individuals. And the Judiciary must respect the models for exploring activities chosen by the Executive and Legislative branches. Nelson Jr./SCO/STF Luiz Fux said that the requirements for granting authorization are rigorous Nelson Jr./SCO/STF With this understanding, the Plenary of the Federal Supreme Court formed a majority this Thursday (23/3) to declare the constitutionality of changes in legislation that allow the offering of interstate and international public passenger transport services without prior bidding, through simple authorization .
To date, seven ministers have voted for the constitutionality WhatsApp Number List Vof the model. Ministers Edson Fachin and Ricardo Lewandowski disagreed and understood that there needed to be a bidding process. The votes of ministers Cármen Lúcia and Rosa Weber, president of the court, are missing. Law 10,233/2001, which provided for the restructuring of waterway and land transport, required that the granting of transport services be made by means of permission.
And, for this, there must be a prior bidding process. However, Law 12,996/2014 began to provide for the authorization instrument for the provision of these services, dispensing with the prior bidding procedure. Minister Luiz Fux, rapporteur on the matter, pointed out in this Wednesday's session (22/3) that there is a tendency to decentralize public services, in order to make them more efficient. In this way, he said, it is increasingly common for state entities to resort to contracts with social organizations, agreements and public-private partnerships, for example.
To date, seven ministers have voted for the constitutionality WhatsApp Number List Vof the model. Ministers Edson Fachin and Ricardo Lewandowski disagreed and understood that there needed to be a bidding process. The votes of ministers Cármen Lúcia and Rosa Weber, president of the court, are missing. Law 10,233/2001, which provided for the restructuring of waterway and land transport, required that the granting of transport services be made by means of permission.
And, for this, there must be a prior bidding process. However, Law 12,996/2014 began to provide for the authorization instrument for the provision of these services, dispensing with the prior bidding procedure. Minister Luiz Fux, rapporteur on the matter, pointed out in this Wednesday's session (22/3) that there is a tendency to decentralize public services, in order to make them more efficient. In this way, he said, it is increasingly common for state entities to resort to contracts with social organizations, agreements and public-private partnerships, for example.