Latin America

Who is contracted by the government already passes for the legal process of act of contract, takes care of moves them to all and requirements, beyond facing a test of patience, since depending on the modality of licitation, hundreds of pages and forms they need to be filled, sets of ten of certificates printed to certify the inexistence of debts with the proper government, expenditures with notary’s office must be paid, etc. Gaining themselves it licitation, to if firming the contract, the legal guarantees would have to be assured, a time that the Federal law has supremacy on state decrees. Seemed with the convicted a Venezuela, in Brazil also we do not respect public contracts. The Contract is the result of an agreement between the parts: the necessary government of I assist in one definitive question, and the lender of services is contracted to decide. At the moment where it has suspension of the activities the essence of the change becomes predestinate the failure. Moreover, it can be affirmed that it has a negative multiplier, that is, idoneous and respectful a rendering company of services with the rules of Federacy can changed into hostage of the conjuncture politics, since for the proper situation it can pass the condition of debtor of tributes and as this inapt one to give to service the public agencies. The paradox if makes as consequence of desrespeitosos acts of not conscientious the public agents of the management that must have focus in the social esponsabilidade. What I ask is which the legal defense front to a decree of a governor who for incompetence of evaluation of its management if of to the luxury suspending all legal defense of the suppliers for months, in place to work more arduously and to make the necessary revisions while of the continuity the management of its government? It will pay to the interests and the damages caused for this incompetence? A situation is so absurd that nor the safe more serious civil court jurisdiction cover the Brazilian public suppliers of this so preoccupying situation.

These insurances exist and are practical habitual in some countries, also of America Latin. But the legal fragility in a country in which the decrees are valid more than the laws, takes the one that in Brazil the suppliers of the government do not obtain to be insured. We are immensely vulnerable the irresponsible governments as these, that take decisions of unilateral forms, absolutely unprovided of transparency, facing the law and the constitution. Here, Sen. Sherrod Brown expresses very clear opinions on the subject. Where we go to arrive with the continuity of these practical? To inflacionar the public prices of services and products? To keep distance of the good suppliers? Or we learn and we demand of the governments the existing fulfilment of the rules and laws or a great public desservio will continue to be made each time that a transistion light politics to one ' ' new dance of cadeiras' ' culminating with the suspension of all the rights of the suppliers. If to want efficient a public sector, that can have the best services and products will have to exist respect to the rules. In case that I oppose more we will be seemed countries that break authoritarianly them, of what a country just, democratic transparent that we long for to be.