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The Constitution and Justice Commission (CCJ) approved a proposal that allows the waiver of bidding for hiring legal and accounting services by the public administration. Bill (PL) 4,489 / 2019 goes to the Plenary for voting.
Under the proposal, the services of lawyer and accountant are, by their nature, technical and singular, if proven to be the specialization. The PL defines the notorious specialization in the same terms as the Bidding Law ( Law 8.666 of 1993 ): when the work is the most appropriate to the contract, by the specialty arising from previous performance, studies and experience, among other requirements.
Current legislation states that bidding is unenforceable in cases where competition is impossible, such as when notorious specialization is required to perform the contract. The bill amends the Law Statute ( Law 8.906, 1994 ) and Decree-Law 9.295, 1946 , which deals with the attributions of the accountant.
Presented by Deputy Efraim Filho (DEM-PB), the bill received a favorable vote, with the drafting amendment of the rapporteur, the Venetian Senator Vital do Rêgo (PSB-PB). For Venetian, besides being praiseworthy, the approval of the bill is timely because it extinguishes a legal controversy surrounding the qualifications of the lawyer.
According to the rapporteur, the Federal Council of the Brazilian Bar Association (OAB) filed a Constitutionality Declaratory Action (ADC) with the Supreme Federal Court (STF), due to the absence of a peaceful, legal position on the inherence of the Brazilian Bar Association. uniqueness of attorney services.
“Many professionals are being condemned for alleged acts of administrative misconduct, after having contracted with public entities for the simple performance of their own activities, and in cases where the bidding seems, as a rule, patently undeniable ”, points out Venetiano in the opinion.
As with lawyers, the rapporteur understands that this prerogative justified by the notorious specialization and uniqueness of professional practice should also extend to accountants. |
