Inidoneidade para contratar é para todos entes?

183
1158

“Na suspensão de licitar, somado ao impedimento de contratar com o Poder Público, o prazo será de até dois anos, ficando a empresa, por esse período, impedida de contratar com o ente que a penalizou. Nada impede que ela o faça com os demais entes.

A declaração de inidoneidade para licitar ou contratar com a Administração Pública é sanção de competência exclusiva do Ministro de Estado, do Secretário Estadual ou Municipal, conforme o caso.

Essa sanção mantém-se enquanto perdurarem os motivos determinantes da punição ou até que seja promovida a reabilitação do licitante perante a própria autoridade que aplicou a sanção.

A reabilitação poderá ser requerida após dois anos de sua aplicação, desde que o contratado tenha ressarcido a Administração pelos prejuízos causados. Tendo em vista que a Administração Pública só pode contratar com empresas idôneas, a empresa penalizada, ao perder essa qualidade, ficará impedida de contratar com todos os entres da federação e não somente com quem aplicou a pena, como ocorre no caso anterior”. 

(Direito Administrativo – Fernanda Marinela – pg. 467/468)

STJ –  tanto a suspensão temporária quanto a inidoneidade produzem efeitos sobre toda a adm.;

TCU – suspensão temporáriasó do órgão que proferiu a sentença e inidoneidade sobre toda a adm.

+ STJ = as sanções de suspenção temporária e inidoneidade produzem efeitos EX NUNC, ou seja, ñ retroage para os contratos já firmados!

QUESTÃO ERRADA: A penalidade de suspensão e a de declaração de inidoneidade, em caso de irregularidades na execução do contrato administrativo, aplicadas pela União não produzem efeitos perante estado da Federação.

Maria Sylvia Zanella Di Pietro, “(…)a norma geral da Lei 8.666/93, ao se referir à inidoneidade para licitar ou contratar com a Administração Pública, aponta para o caráter genérico da referida sanção, cujos efeitos irradiam por todas as esferas de governo

Advertisement
(Di Pietro, Maria Sylvia Zanella. Direito Administrativo, ed. Atlas, 2006, p. 226).

Fundamento interpretativo no conceito de “Administração Pública” da Lei 8666. Assim, deve-se ler o comando sob os seguintes dispositivos: art. 87, IV c/c o art. 6º, X.

QUESTÃO CERTA: Conforme entendimento do Tribunal de Contas da União, a extensão dos efeitos da sanção de suspensão temporária do direito de licitar e contratar aplicada pelo órgão ou entidade à empresa contratada impede a referida empresa de licitar a contratar apenas com o órgão ou a entidade que aplicou a sanção.

O TCU é que possui esse entendimento divergente da doutrina.

QUESTÃO CERTA: Considerando as sanções aplicáveis pela administração pública à contratada, definidas na Lei n.º 8.666/1993, relativamente à inexecução total ou parcial do contrato, o fato de ter seu direito de participação em licitação suspenso temporariamente: faz que a contratada fique impedida de contratar com a administração pública por até dois anos.

183 COMENTÁRIOS

  1. Nice post. I was checking constantly this blog and I am impressed! Very helpful information particularly the last part 🙂 I care for such information a lot. I was seeking this certain information for a long time. Thank you and good luck.

  2. After looking into a number of the blog posts on your website, I truly like your technique of writing a blog. I book marked it to my bookmark webpage list and will be checking back in the near future. Please check out my website as well and let me know how you feel.

  3. I?m now not positive the place you’re getting your information, but good topic. I must spend a while finding out more or figuring out more. Thank you for fantastic information I was looking for this information for my mission.

  4. Oh my goodness! Awesome article dude! Thank you, However I am going through problems with your RSS. I don’t understand why I cannot subscribe to it. Is there anybody else getting identical RSS issues? Anybody who knows the solution will you kindly respond? Thanks.

  5. I blog quite often and I seriously thank you for your information. This great article has truly peaked my interest. I am going to book mark your website and keep checking for new information about once a week. I opted in for your RSS feed as well.

  6. Fantastic goods from you, man. I have understand your stuff previous to and you are just too great. I really like what you’ve acquired here, really like what you are stating and the way in which you say it. You make it entertaining and you still take care of to keep it wise. I cant wait to read far more from you. This is actually a terrific web site.

  7. Howdy are using WordPress for your site platform? I’m new to the blog world but I’m trying to get started and create my own. Do you need any coding expertise to make your own blog? Any help would be really appreciated!

  8. Howdy! I could have sworn I’ve been to this site before but after going through many of the posts I realized it’s new to me. Nonetheless, I’m definitely delighted I discovered it and I’ll be bookmarking it and checking back often.

  9. We absolutely love your blog and find many of your post’s to be just what I’m looking for. Does one offer guest writers to write content in your case? I wouldn’t mind writing a post or elaborating on many of the subjects you write in relation to here. Again, awesome web site!

  10. I am extremely impressed with your writing skills and also with the layout on your weblog. Is this a paid theme or did you customize it yourself? Either way keep up the nice quality writing, it is rare to see a nice blog like this one nowadays..

  11. Today, considering the fast chosen lifestyle that everyone leads, credit cards get this amazing demand throughout the market. Persons from every area of life are using credit card and people who aren’t using the credit card have arranged to apply for just one. Thanks for spreading your ideas about credit cards.

  12. I have been browsing online more than 3 hours today, yet I never found any interesting article like yours. It is pretty worth enough for me. In my opinion, if all webmasters and bloggers made good content as you did, the net will be a lot more useful than ever before.

  13. The core of your writing while appearing agreeable initially, did not settle perfectly with me personally after some time. Someplace within the paragraphs you were able to make me a believer unfortunately just for a while. I nevertheless have got a problem with your jumps in logic and you might do well to help fill in all those gaps. In the event you can accomplish that, I would undoubtedly end up being amazed.

  14. Thanks for your short article. I would love to say that your health insurance dealer also utilizes the benefit of the coordinators of any group insurance policies. The health agent is given a list of benefits wanted by a person or a group coordinator. Such a broker really does is find individuals as well as coordinators which usually best match up those desires. Then he offers his ideas and if all parties agree, the broker formulates legal contract between the two parties.

  15. When I initially commented I clicked the “Notify me when new comments are added” checkbox and now each time a comment is added I get several e-mails with the same comment. Is there any way you can remove me from that service? Thanks!

  16. One thing is that one of the most typical incentives for utilizing your credit cards is a cash-back as well as rebate provision. Generally, you’ll get 1-5 back for various purchases. Depending on the credit cards, you may get 1 returning on most expenses, and 5 back on buying made going to convenience stores, filling stations, grocery stores as well as ‘member merchants’.

  17. One thing I have actually noticed is the fact there are plenty of misguided beliefs regarding the finance institutions intentions if talking about property foreclosure. One delusion in particular would be the fact the bank needs to have your house. The bank wants your money, not your house. They want the bucks they lent you together with interest. Keeping away from the bank will undoubtedly draw any foreclosed summary. Thanks for your post.

  18. I have learned result-oriented things from a blog post. One other thing to I have found is that usually, FSBO sellers may reject a person. Remember, they would prefer to not ever use your products and services. But if you actually maintain a stable, professional relationship, offering support and remaining in contact for about four to five weeks, you will usually have the ability to win interviews. From there, a house listing follows. Thanks

  19. Hello, I believe your web site may be having browser compatibility problems. Whenever I take a look at your website in Safari, it looks fine however when opening in I.E., it’s got some overlapping issues. I simply wanted to give you a quick heads up! Other than that, excellent site!

  20. An impressive share! I have just forwarded this onto a coworker who has been doing a little homework on this. And he actually bought me lunch simply because I discovered it for him… lol. So allow me to reword this…. Thanks for the meal!! But yeah, thanx for spending some time to talk about this issue here on your blog.

  21. Youre so cool! I dont suppose Ive read anything like this before. So nice to search out anyone with some original thoughts on this subject. realy thank you for beginning this up. this web site is one thing that is wanted on the net, someone with a bit originality. useful job for bringing something new to the web!

  22. Thanks for your post. I would also love to say that a health insurance dealer also works best for the benefit of the actual coordinators of the group insurance policies. The health insurance broker is given an index of benefits searched for by someone or a group coordinator. What any broker will is look for individuals as well as coordinators which best go with those wants. Then he shows his tips and if the two of you agree, the broker formulates a binding agreement between the two parties.

  23. One thing I would really like to say is always that car insurance cancelling is a hated experience and if you are doing the best things as being a driver you simply won’t get one. A lot of people do get the notice that they’ve been officially dropped by the insurance company they have to fight to get supplemental insurance after having a cancellation. Low cost auto insurance rates are usually hard to get following a cancellation. Knowing the main reasons for auto insurance termination can help car owners prevent burning off one of the most important privileges out there. Thanks for the concepts shared through your blog.

  24. I was excited to find this web site. I want to to thank you for ones time for this particularly wonderful read!! I definitely enjoyed every part of it and i also have you book marked to see new information in your site.

  25. Oh my goodness! Amazing article dude! Thank you so much, However I am encountering difficulties with your RSS. I don’t understand why I am unable to subscribe to it. Is there anybody else having the same RSS problems? Anyone that knows the answer can you kindly respond? Thanx!!

  26. May I simply just say what a comfort to find someone who actually understands what they are talking about on the web. You certainly understand how to bring a problem to light and make it important. More people really need to read this and understand this side of your story. It’s surprising you aren’t more popular since you surely have the gift.

  27. After I originally left a comment I seem to have clicked the -Notify me when new comments are added- checkbox and now whenever a comment is added I get 4 emails with the exact same comment. Perhaps there is a means you are able to remove me from that service? Thank you.

  28. Wonderful beat ! I wish to apprentice whilst you amend your website, how could i subscribe for a weblog web site? The account aided me a acceptable deal. I have been a little bit familiar of this your broadcast provided vivid transparent idea

  29. I blog quite often and I really thank you for your information. This article has truly peaked my interest. I will bookmark your site and keep checking for new information about once per week. I opted in for your Feed as well.

  30. Hey there! I could have sworn I’ve been to this site before but after browsing through some of the post I realized it’s new to me. Anyways, I’m definitely happy I found it and I’ll be book-marking and checking back often!

  31. The next time I read a blog, Hopefully it won’t fail me as much as this one. I mean, I know it was my choice to read, however I truly believed you’d have something useful to talk about. All I hear is a bunch of moaning about something you can fix if you were not too busy seeking attention.

  32. Thanks a lot for your post. I would really like to comment that the tariff of car insurance differs from one policy to another, mainly because there are so many different issues which contribute to the overall cost. One example is, the make and model of the auto will have a huge bearing on the purchase price. A reliable old family vehicle will have a more affordable premium than just a flashy racecar.

  33. Hi! I could have sworn I’ve visited this website before but after browsing through many of the articles I realized it’s new to me. Anyhow, I’m certainly happy I came across it and I’ll be book-marking it and checking back frequently!

  34. Thanks for your posting. I would like to comment that the very first thing you will need to accomplish is verify if you really need repairing credit. To do that you must get your hands on a replica of your credit report. That should not be difficult, considering that the government mandates that you are allowed to acquire one no cost copy of your actual credit report per year. You just have to check with the right people today. You can either look into the website with the Federal Trade Commission or maybe contact one of the leading credit agencies specifically.

  35. You’re so awesome! I do not think I’ve read through something like that before. So great to discover someone with some genuine thoughts on this topic. Seriously.. thank you for starting this up. This website is one thing that is needed on the internet, someone with a little originality.

  36. What I have always told folks is that while searching for a good on the net electronics retail store, there are a few factors that you have to think about. First and foremost, you would like to make sure to look for a reputable and also reliable retailer that has got great evaluations and ratings from other shoppers and marketplace analysts. This will make sure that you are dealing with a well-known store providing you with good services and assistance to its patrons. Many thanks for sharing your opinions on this web site.

  37. Hi there! I could have sworn I’ve been to this web site before but after browsing through a few of the articles I realized it’s new to me. Nonetheless, I’m certainly pleased I found it and I’ll be book-marking it and checking back regularly!

  38. Wow, superb blog layout! How long have you been blogging for? you make blogging look easy. The overall look of your web site is fantastic, let alone the content!

  39. You’re so interesting! I don’t think I’ve truly read a single thing like that before. So nice to discover someone with a few genuine thoughts on this topic. Seriously.. many thanks for starting this up. This web site is something that is required on the web, someone with some originality.

  40. May I just say what a comfort to discover somebody who truly understands what they are discussing online. You certainly understand how to bring a problem to light and make it important. More and more people really need to look at this and understand this side of your story. It’s surprising you aren’t more popular since you certainly have the gift.

  41. I loved as much as you’ll receive carried out right here. The sketch is tasteful, your authored subject matter stylish. nonetheless, you command get got an nervousness over that you wish be delivering the following. unwell unquestionably come more formerly again as exactly the same nearly a lot often inside case you shield this increase.

  42. I blog quite often and I truly thank you for your content. Your article has really peaked my interest. I’m going to book mark your site and keep checking for new details about once per week. I opted in for your Feed too.

  43. I’m amazed, I have to admit. Seldom do I come across a blog that’s both equally educative and amusing, and let me tell you, you have hit the nail on the head. The problem is an issue that not enough people are speaking intelligently about. Now i’m very happy that I found this during my hunt for something concerning this.

  44. You’re so cool! I do not suppose I have read through something like this before. So good to discover another person with some unique thoughts on this topic. Really.. many thanks for starting this up. This website is one thing that’s needed on the web, someone with a little originality.

  45. Howdy! I could have sworn I’ve been to this web site before but after going through many of the posts I realized it’s new to me. Anyways, I’m definitely delighted I came across it and I’ll be book-marking it and checking back frequently.

  46. Right here is the perfect site for anyone who wants to understand this topic. You understand so much its almost hard to argue with you (not that I really will need to…HaHa). You certainly put a new spin on a topic that has been written about for decades. Great stuff, just excellent.

  47. Hi, I do believe this is an excellent web site. I stumbledupon it 😉 I’m going to return yet again since I book marked it. Money and freedom is the best way to change, may you be rich and continue to guide other people.

  48. I blog frequently and I truly appreciate your content. Your article has really peaked my interest. I am going to take a note of your website and keep checking for new information about once a week. I subscribed to your Feed as well.

  49. I’m amazed, I have to admit. Seldom do I encounter a blog that’s both equally educative and engaging, and let me tell you, you’ve hit the nail on the head. The issue is something too few people are speaking intelligently about. Now i’m very happy I stumbled across this during my search for something concerning this.

  50. Good day! Do you know if they make any plugins to assist with Search Engine Optimization? I’m trying to get my blog to rank for some targeted keywords but I’m not seeing very good success. If you know of any please share. Kudos!

  51. My spouse and I absolutely love your blog and find nearly all of your post’s to be precisely what I’m looking for. Does one offer guest writers to write content available for you? I wouldn’t mind creating a post or elaborating on many of the subjects you write regarding here. Again, awesome website!

  52. Hiya, I’m really glad I’ve found this info. Today bloggers publish just about gossips and net and this is actually irritating. A good site with exciting content, this is what I need. Thanks for keeping this web-site, I’ll be visiting it. Do you do newsletters? Cant find it.

  53. I know this if off topic but I’m looking into starting my own blog and was curious what all is needed to get set up? I’m assuming having a blog like yours would cost a pretty penny? I’m not very web smart so I’m not 100 certain. Any tips or advice would be greatly appreciated. Thank you

  54. The very next time I read a blog, I hope that it won’t disappoint me as much as this particular one. After all, Yes, it was my choice to read, however I really thought you would probably have something helpful to talk about. All I hear is a bunch of crying about something that you could fix if you were not too busy seeking attention.

  55. I’m really enjoying the design and layout of your blog. It’s a very easy on the eyes which makes it much more pleasant for me to come here and visit more often. Did you hire out a designer to create your theme? Exceptional work!

  56. It is the best time to make some plans for the long run and it is time to be happy. I’ve read this put up and if I could I want to recommend you few fascinating things or suggestions. Perhaps you could write subsequent articles referring to this article. I want to learn even more issues about it!

  57. you are really a good webmaster. The website loading speed is amazing. It seems that you’re doing any unique trick. In addition, The contents are masterwork. you have done a magnificent job on this topic!

  58. Hiya, I am really glad I’ve found this information. Nowadays bloggers publish just about gossips and internet and this is actually irritating. A good web site with exciting content, this is what I need. Thanks for keeping this web site, I’ll be visiting it. Do you do newsletters? Can not find it.

  59. The next time I read a blog, Hopefully it does not disappoint me as much as this particular one. I mean, Yes, it was my choice to read through, nonetheless I really thought you would have something useful to talk about. All I hear is a bunch of complaining about something that you can fix if you weren’t too busy seeking attention.

  60. Throughout the grand pattern of things you actually secure an A with regard to effort. Where you confused us ended up being in the details. You know, it is said, the devil is in the details… And that could not be much more correct right here. Having said that, permit me inform you just what did do the job. The text is certainly incredibly engaging which is most likely why I am making the effort to comment. I do not really make it a regular habit of doing that. 2nd, despite the fact that I can easily notice a leaps in logic you make, I am not sure of just how you seem to connect your ideas that produce the actual final result. For the moment I shall subscribe to your position but hope in the foreseeable future you actually link your facts better.

  61. Greetings! I know this is kinda off topic but I’d figured I’d ask. Would you be interested in exchanging links or maybe guest authoring a blog post or vice-versa? My blog addresses a lot of the same topics as yours and I think we could greatly benefit from each other. If you happen to be interested feel free to send me an e-mail. I look forward to hearing from you! Awesome blog by the way!

  62. The next time I read a blog, I hope that it won’t fail me as much as this one. After all, Yes, it was my choice to read, nonetheless I truly believed you would have something helpful to say. All I hear is a bunch of crying about something you could possibly fix if you were not too busy searching for attention.

  63. Thanks for your article on the traveling industry. We would also like contribute that if you are one senior contemplating traveling, it is absolutely crucial that you buy travel cover for older persons. When traveling, senior citizens are at biggest risk being in need of a health care emergency. Obtaining the right insurance coverage package in your age group can protect your health and give you peace of mind.

  64. Wonderful paintings! This is the kind of info that are supposed to be shared across the internet. Shame on Google for now not positioning this submit upper! Come on over and visit my website . Thank you =)

  65. naturally like your web site but you have to check the spelling on quite a few of your posts. Several of them are rife with spelling problems and I in finding it very troublesome to tell the truth then again I?ll surely come again again.

  66. Hello There. I discovered your blog the usage of msn. This is an extremely neatly written article. I will make sure to bookmark it and return to learn more of your useful information. Thanks for the post. I?ll certainly return.

  67. Thanks for sharing superb informations. Your web-site is so cool. I am impressed by the details that you have on this site. It reveals how nicely you understand this subject. Bookmarked this web page, will come back for extra articles. You, my friend, ROCK! I found just the info I already searched all over the place and simply could not come across. What an ideal site.

  68. I blog frequently and I truly appreciate your information. This article has really peaked my interest. I am going to book mark your blog and keep checking for new information about once per week. I subscribed to your Feed too.

  69. Can I simply just say what a relief to uncover an individual who genuinely knows what they’re discussing on the net. You actually know how to bring an issue to light and make it important. More and more people must read this and understand this side of the story. It’s surprising you are not more popular since you definitely have the gift.

  70. After looking at a handful of the blog articles on your web site, I seriously appreciate your technique of writing a blog. I bookmarked it to my bookmark webpage list and will be checking back in the near future. Please visit my web site too and tell me your opinion.

  71. I’m really enjoying the design and layout of your website. It’s a very easy on the eyes which makes it much more pleasant for me to come here and visit more often. Did you hire out a designer to create your theme? Superb work!

DEIXE UMA RESPOSTA

Por favor digite seu comentário!
Por favor, digite seu nome aqui