The influence of the Global Administrative Law in the Brazilian process of public procurement in the light of transparency principle

Abstract

The work aims to study the influence of Global Administrative Law in
the procurement process at the light of the principle of transparency from
the perspective of International and European law. In order to achieve this
aim it’s presented an analysis of the Administrative Law from an international
point of view, since there are several above-state or parastatal actors
that modify the structure of the administrative affairs of the state. For this reason and due to the internationalization of Law, public procurement has been the subject of changes in
various legal systems and should be the object of analysis in the Brazilian context, which still guides the
Administrative Law based on a monistic view. Having said that, it is proposed the insertion of the Principle
of Transparency, understood as a global value from the so-called Global Administrative Law which is
already inserted in the European and International standards of public procurement, in order to improve
transparency in the Brazilian process, once the current Brazilian scenario is oriented more on management
of public spending than in monitoring the bidding process. In this way, one can increase the accountability,
with the greater efficiency of public spending, as well as the protection of the rights and the implementation
of democratic ideals through information and citizen participation in the public sphere.