Ação direta de inconstitucionalidade 1.923 DF: uma análise sobre os parâmetros de constitucionalidade utilizados na ação

Abstract

The purpose of this paper is to analyze some aspects related to the constitutionality of Law 9.637/98 that came to undergo a Direct Action of Unconstitutionality, ADIN (in Portuguese) 1923/DF. In summary, the Law in question deals mainly with the qualification of social organizations and the subsequent conclusion of management contracts between these entities and the public administration with the exemption of bidding. It is questioned the government furtherance to these legal entities of private Law without, for this, concrete parameters of supervision of the destination of these resources. We also intend to make some differentiations in the terminologies used in ADIN; we seek to understand to what extent the guiding principles of public administration, listed in the main section of art. 37 of the Federal Constitution, applies to these social organizations and ultimately, we seek to understand how the control and supervision of these contracting between these entities with the Public Administration, as well as with third parties work.