Benefits for local and regional companies in public bids: an analysis of the uniformization of complementary law 123/2006 in Santa Catarina

Abstract

SUMMARY

The prominence of using public procurement instruments as means to promote public social welfare policies is evident from the publication of Complementary Law 123/2006. It turns out that the use of the benefits brought to light by the aforementioned legislation was the subject of inquiries and questions in the legal environment, bringing dubious interpretation and legal uncertainty regarding its application at the phenomenal level. Thus, aiming to pacify the understanding regarding the granting of benefits to local and regional companies and public tenders within the scope of Santa Catarina, the municipality of Seara/SC formulated a consultation with the state's Court of Auditors, aiming to elucidate the possibility of paying a higher amount for locally and regionally based companies in public tenders. In this way, the state Court of Auditors pacified the understanding on the matter in the state of Santa Catarina by issuing a pre-judgment with standardization of understanding, putting an end to uncertainty and divergences in the use of the benefit included in the art. 48, § 3, of Complementary Law 123/2006. Therefore, this work aims to demonstrate the lines of understanding to consolidate a new interpretative basis on the benefits of Complementary Law 123/2006 in Santa Catarina.