Inexigibilidade de licitação

Summary

This video lesson explains the concept of direct contracting through inexigibility under Brazilian Law 14.133 of 2021, specifically Article 74. It covers situations where competition among suppliers is not feasible due to the uniqueness or specificity of the object being contracted. The video outlines five key cases of inexigibility: exclusive supply of goods and services, hiring of artistic professionals, specialized technical services, contracts requiring uniqueness, and the leasing of specific real estate. The video emphasizes the importance of renowned specialization, where professionals or companies possess indisputable expertise in their field, ensuring optimal contract execution.

Takeaways

• 😀 Direct hiring through 'inexigibilidade' is a type of contracting where competition between suppliers is not feasible due to the unique nature or specificity of the object.
• 😀 Inexigibilidade makes the bidding process unfeasible because there is no competition due to the singularity of the object being contracted.
• 😀 The main types of 'inexigibilidade' are: 1) Hiring of goods and services with exclusive supply; 2) Hiring of artistic sector professionals; 3) Hiring of specialized technical services of an intellectual nature; 4) Hiring of objects that can only be contracted through differentiation; 5) Acquisition or rental of properties with unique characteristics for location or installations.
• 😀 Hiring goods and services with exclusive supply refers to situations where no alternative suppliers are available.
• 😀 Hiring professionals from the artistic sector refers to those whose work is unique, such as artists or performers.
• 😀 Specialized technical services are those that require highly specialized knowledge and are often intellectual in nature.
• 😀 Professionals or companies with 'notorious specialization' are those recognized in their field for their outstanding work and expertise.
• 😀 Notorious specialization indicates that a professional or company has a significant reputation in their area of expertise, providing work that is essential and irreplaceable.
• 😀 The importance of hiring professionals with notorious specialization is emphasized, as their work contributes significantly to the fulfillment of the contract's objectives.
• 😀 The law, specifically Article 74 of Law 14.133/21, defines the conditions under which 'inexigibilidade' is applied, ensuring that the contracting process is legally sound.

Q & A

What is the main topic discussed in the video?

The video primarily discusses direct hiring by non-competition under Law 14.133/21, focusing on specific conditions where direct hiring is allowed due to the singularity or specificity of the object.

What does 'direct hiring by non-competition' mean?

'Direct hiring by non-competition' refers to situations where competitive bidding is not possible due to the uniqueness or specialized nature of the goods or services being contracted.

Under which circumstances is direct hiring through non-competition allowed?

Direct hiring is allowed when there is no possibility for competitive bidding due to the uniqueness or specificity of the object being contracted.

What is the role of 'singularity' in direct hiring?

Singularity refers to the unique characteristics of the object being contracted, which makes it impossible for multiple suppliers to offer competing bids.

What are the five main types of direct hiring by non-competition mentioned?

The five types are: 1) Hiring of exclusive goods and services, 2) Hiring of professionals in the artistic sector, 3) Hiring of specialized technical services with intellectual nature, 4) Hiring of objects that must be contracted due to differentiation, and 5) Acquisition or rental of properties with specific characteristics in terms of installation and location.

What does 'notorious specialization' mean in the context of direct hiring?

'Notorious specialization' refers to professionals or companies recognized for their outstanding work in a specific field, making them uniquely qualified to deliver the required service or product.

What role does the 'notorious specialization' play in the selection of contractors?

It ensures that only professionals or companies with a proven track record in their field are selected, guaranteeing the best quality and satisfaction in fulfilling the contract's objectives.

What is the significance of intellectual services in direct hiring by non-competition?

Intellectual services are significant because they require highly specialized knowledge and skills, making it necessary to hire professionals or companies with a reputation for excellence in the relevant field.

How does the law define the conditions for hiring a property under non-competition?

The law allows for the hiring or renting of properties when their specific characteristics, such as installation and location, are critical and make them the only viable option.

Where can someone find more detailed information on this subject?

For more detailed information, the video suggests accessing the supplementary materials provided in the course's study materials.