Public real estate exchange, building to be built contracts and the limits of direct contracting
DOI:
https://doi.org/10.31501/ealr.v14i2.13912Abstract
Direct contracting on public real estate exchange contracts is a valid hypothesis, given that it may be about
a purchase which will comply specifically with a public interest previoulsy defined by the [public] manager. However, the hypothesis of direct contracting is invalid in public contracts of exchange for building to be built, because its object is not exhausted in the acquisition of specific property, but also includes the execution of a construction, which allows maket competition and, therefore, requires prior bidding processes. The article analyzes Normative Instruction nº 03/2018-SPU and federal Court of Acounts (TCU) jurisprudence.
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