“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
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.
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