The improper application of the statement of Precedent no. 281 of the Federal Court of Accounts and the prohibition on the participation of Brazilian labor cooperatives in bidding procedures

  • Marianna Ferraz Teixeira
DOI: https://doi.org/10.18543/dec-17-2021pp75-96
Keywords: labor cooperatives, bidding, administrative law, cooperative law, labor law

Abstract

The present work aims to analyze the statement of Súmula num. 281 of the Federal Audit Court, approved in July 11, 2012, which prohibits the participation of labor cooperatives in bids when the service to be provided requires the need for subordination, habituality and personality. Although the provisions of the Bidding Law and the Law of Labor Cooperatives provide that said impediment is prohibited, many bidding procedures, due to the summary, exclude this type of society from participation, which causes principles such as legality and equality to be violated, as well as affronts the constitutional precept of fostering cooperativism as a means of developing economic activity and reducing unemployment. This conduct, in addition to harming the labor market, also causes damage to the public administration, which will be restricted from its right and duty to select the most advantageous proposal, since it will not have access, in fact, to all the appropriate proposals.

Received: 26 October 2020
Aceptado: 10 December 2020

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Author Biography

Marianna Ferraz Teixeira

Advogada. Graduada em Direito e Especialista em Direito e Processo nos Tribunais pelo Centro Universitário de Brasília, MBA em Gestão em Cooperativas de Crédito na Universidade de São Paulo-ESALQ/USP. Mestranda em Gestão e Regime Jurídico-Empresarial da Economia Social ISCAP/Instituto Politécnico do Porto. Cursou Mestrado em Direito Tributário na Universidad Austral (Argentina). Membro do Instituto Brasileiro de Estudos em Cooperativismo-IBECOOP, da Comissão de Assuntos e Reforma Tributária e da Comissão de Direito Cooperativo da OAB/D

Published
2021-05-06
How to Cite
Ferraz Teixeira, Marianna. 2021. “The Improper Application of the Statement of Precedent No. 281 of the Federal Court of Accounts and the Prohibition on the Participation of Brazilian Labor Cooperatives in Bidding Procedures”. Deusto Estudios Cooperativos, no. 17 (May), 75-96. https://doi.org/10.18543/dec-17-2021pp75-96.
Issue
No. 17 (2021): Questões relevantes do cooperativismo brasileiro
Section
Articles

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