A funÃÃo da argumentaÃÃo jurÃdica na justificaÃÃo das decisÃes de dispensa e inexigibilidade no procedimento licitatÃrio
AUTOR(ES)
Ãlvaro Fernando da Rocha Mota
DATA DE PUBLICAÇÃO
2003
RESUMO
The present monograph intends to consist in a scientific teories of the possibility of use of the legal argument in the justification of the procedures of dismissal and inexigible of public licitation. The use of the legal argument as half of recital of the administrative resolution that contains juridical motives to base the discretional decision of the Public Administrator to make to happen the dismissal and the inexigible of the licitatorie procedure has the very important finality to make to be valid the public interest in way correctly conform with the legislation, preventing decisions unreasonable and detached from the legal permissible generically granted to the Public Power. The legal argument, while aspect of the Legal Philosophy, can be taken by a new legal methodology that structure the practical rationality, serving of critical to the dogmatism positivist of construction of concepts of the Administrative law. The theory of Robert Alexy concerning the speech if gutter perfectly as model of analysis of argumentative of the Right, specifically of the analytical one of the licitatorie procedure. The argumentative functions that analyze the rationality of the legal speech are the ones that they foresee logical the coherence exactly internal it, and the adequacy between formalist rationality and the normative structure on which it happens. Thus, the construction of a theory of the argument with sights if to base to seem and administrative resolutions that turn on the thematic one of the dismissal and the inexigible of public licitation can on the basis of be applied the activity of the construction of rational arguments that they express the justification of if adopting in certain cases the dismissal and the inexigible of licitation and thus to make possible the control of such decisions by means of the analysis of inherent the legal rationality the same ones, facilitating, in this way, the control of the discretional power of the Administrator and allowing to the effective achievement of the interest public
ASSUNTO(S)
licitaÃÃo inexigibilidade argumentaÃÃo filosofia do direito dispensa racionalidade liitaÃÃo inexigibilidade dispensa argumentaÃÃo racionalidade
