Tratamento diferenciado nas contratações públicas: o caso de um município de médio porte localizado no sul de Minas Gerais

Abstract

Public tenders are instruments used by management to develop their activities, to hire companies that provide services or supply materials, through specific legislation. Micro and small businesses (SMEs) represent the vast majority of formal companies in Brazil. Therefore, the need to analyze the applicability of Complementary Law 123/06 that established the National Statute of MSEs is highlighted, establishing in article 1 general rules for the treatment of MSEs within the powers of the Union, the States, the Federal District and Municipalities (BRASIL, 2006). In that respective law, it deals with market access, as well as the new wording of Complementary Law No. 147/14, where in the bidding processes it grants different treatment to them. Thus, the objective of this research is to analyze the applicability of Complementary Law No. 123/06 in bidding processes, a public auction modality of a municipality, through different treatment in public contracts. Interviews were carried out with several actors involved in the processes and analysis of 278 auctions from 2007 to 2015. The results indicate that there is applicability of differentiated treatment for SMEs, however there are legal benefits that are not used in practice, despite the perception of importance of the use of such benefits by bidders and public administration.