A inserção da sustentabilidade em licitações públicas como instrumento de efetivação do direito fundamental ao meio ambiente

Abstract

The general objective of this research is to discuss the inclusion of sustainability in bids in order for the State to materialize the public interest embodied in the promotion of the fundamental right to the environment. The specific objectives are: to define the fundamental right to the environment and issues related to sustainability; to explain how the bidding processes are constituted as an instrument to promote the right to a balanced environment; and, demonstrate the necessary procedures for the insertion of sustainability in bidding processes. It so happens that even in the face of the importance of environmental sustainability, there are currently questions about how the State can implement it in practice through its bids. So, this research has as a problem this guiding question: how does the insertion of sustainability in bids take place in order for the State to materialize the public interest embodied in the promotion of the fundamental right to the environment? In a panorama of valorization of the environment, its characterization as a primary interest of the State and the need to establish minimum parameters that guide the manager in the bidding process were analyzed. Subsequently, based on the AGU's National Guide to Sustainable Public Contracts, used in this work, it is concluded that four steps must be followed. The first step towards the inclusion of environmental sustainability in the bidding process is the one in which the real need for the contract is evaluated. If necessary, the administration must carry out its planning with sustainability parameters. Afterwards, the balance between the bidding principles of isonomy, advantage and sustainability will be analyzed and, finally, effective management and supervision of the contract, as well as waste management. At the end, the compatibility of sustainability with the principles of the bidding was detailed, with emphasis on the selection of the most advantageous proposal, isonomy and sustainable national development