The (In)constitutionalities of the RDC
A Critical View of Law No. 12.462/2011
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The present work aims to analyse the (in)constitutional aspects of the differentiated public contracting regime, established by Law No. 12,462 of 4 August 2011. This law instituted an exceptional type of bidding, in which its incidence is focused on events involving infrastructure for the 2013 Football Confederations Cup, 2014 Football World Cup, 2016 Olympic and Paralympic Games. In order to carry out this analysis, it will be necessary to demonstrate how constitutionality control works through direct action of unconstitutionality in Brazil, the main innovations and guiding principles of the ...
The present work aims to analyse the (in)constitutional aspects of the differentiated public contracting regime, established by Law No. 12,462 of 4 August 2011. This law instituted an exceptional type of bidding, in which its incidence is focused on events involving infrastructure for the 2013 Football Confederations Cup, 2014 Football World Cup, 2016 Olympic and Paralympic Games. In order to carry out this analysis, it will be necessary to demonstrate how constitutionality control works through direct action of unconstitutionality in Brazil, the main innovations and guiding principles of the RDC, and the main arguments and defence reported in Adins 4645 and 4655, filed in the Supreme Court. It will also be verified that there are divergent positions of the doctrine, where part of the more conservative doctrine believes that this device contains several vices, mainly of a material nature, while part of a "more liberal" doctrine believes that the RDC can be effective to the national order, due to some flexible devices that may be able to give more efficiency and speed to public bids.
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