Licitações de serviços de alimentação envolvendo imóveis de instituições federais de ensino: um estudo sobre regime jurídico e modalidade licitatória aplicáveis

Abstract

The hiring of services by the Public Administration is always subject to legal doubts on the part of the public servants, who fear slips punishable by the control bodies. To delimit the contours of the legal regime applicable to the contracting of food services (canteen/ snack bar/restaurant), of interest to the Administration, provided in properties of federal educational institutions, that is, affected public goods, in comparison with the interpretation of the organs of control about that object is the scope of this paper. Through constitutional, legal and doctrinal definitions of public service, public good and bidding procedure, the result of the research was compared with the relevant legislation and the prevailing understanding of the Tribunal de Contas da União (TCU) and the Consultoria-Geral da União (CGU), member of the Advocacia-Geral da União (AGU), about this type of service - considered by them to be common services, therefore subject to bidding under the auction mode. In contrast to the control bodies, it is revealed that contracting with this object occurs through public service concession. The considerations brought serve to foster the academic debate on the topic - which presents itself in a more complex way than has been faced today - and contribute to understanding and, consequently, increasing the control capacity over public affairs, not only by the bodies and courts to which this prerogative is attributed, but by any citizen who is interested in processing the delegation of public goods to private individuals for profit purposes.