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Partner João Paulo da Silveira Ribeiro is appointed member of the Permanent Forum of [...]
Silveira Ribeiro will adopt a home office during the period between 12.14.2020 and 01.10.2021
Partner João Paulo da Silveira Ribeiro and associate Valmir de Oliveira Rodrigues publish an article in the book “Juridical Security and the State of Law”
Controlling public spending in Brazil brings benefits to society, such as fighting corruption, but without due diligence, it can generate distortions and injustices. This is the main theme of the article written by partner João Paulo da Silveira Ribeiro and associate Valmir de Oliveira Rodrigues Junior in the book being released “Juridical Security and the Rule of Law”, a collection of articles organized by Felipe Santa Cruz Oliveira Scaletsky and Marcus Vinicius Furtado Coêlho
As exposed in a recent article published on the Jota platform (https://bityli.com/dFJ1y) and detailed in the chapter entitled “Control of Public Procurement: Overpricing, Overpricing and the Blackout of Pens”, the authors propose, based on technical elements already recognized by the Federal Court of Auditors, a limiting criterion for the public agent’s responsibility in complex contracts, such as large infrastructure works, for example. As the authors point out, official price reference systems are important, but they have severe limitations, and should be used in parallel with other internationally accepted assessment parameters and in the private sector.
Thus, before holding the public administrator responsible for overpricing or overpricing in complex infrastructure works, the supervisory body must evaluate the data “with extreme parsimony” and only recommend conviction in case of intent or “unambiguous gross error”. Exactly as determined by article 28 of LINDB – Law of Introduction to the Rules of Brazilian Law.
The book “Legal Security and the Rule of Law” is a new release and is also available in e-book format. It brings together articles by lawyers, magistrates, ministers of Superior Courts and members of audit courts with discussions on aspects of legal security in the most diverse areas of law. The printed version costs R$ 249.90, and the digital version costs R$ 174.70. Purchases can be made on Editora Juruá’s website: www.jurua.com.br.