Article 05: ADMINISTRATIVE INFRINGEMENTS AND PENALTIES IN BIDDING AND ADMINISTRATIVE CONTRACTS

Abstract

The identification and determination of administrative infractions and the concrete application of administrative penalties by the public entity to the contracted party is one of the clauses exorbitant from the administrative contract. These clauses derive from the position of supremacy of the administration before the individual contracted and are a reflection of the principle of public interest over the private, which provides the administration with several prerogatives, material and procedural law. When the contractor practices an administrative infraction, it is up to the Public Administration establish the lack by means of a specific procedure, applying the appropriate and appropriate to the specific case. This sanction shall be that provided for in the contract and in law 8.666 / 93, in its arts. 66 to 68 and 86 to 88. The application of administrative sanctions has the purpose of special prevention, general prevention and repression. The purpose of special prevention (educational and pedagogical) aims at showing the offender the commission of the wrongful act in order that he may not new offenses. The general pedagogical character is to demonstrate to all that the Public Power is diligent in the rapid application of sanctions and does not compromise when it is a violation of public interests. The repressive character is to prevent the State and the loss of the obligations assumed.