A possibilidade de empresas em recuperação judicial participarem de licitação

Abstract

The 11.101/2005 law regulates the judicial recovery and bankruptcy subjects. When the law was promulgated, it brought several alterations concerning both subjects, highlighting the replacement of the concordata for the judicial recovery. Beside that the law defined the principles of social purpose and preservation of company as basics in addressing the judicial recovery, in which those need to be utilized and respected in the situations concerning judicial recovering companies. This article proposes to analyze the possibility of companies going through judicial recoveries to participate in public biddings. The mentioned issue appears when its viewed that the article 31, I of the 8.666/93 law foresees as requirement the submission of a negative certificate of concordata to attest the economic-financial qualification of the company, which contradicts de Bankruptcy Law that extinguished the concordata. Therefore, the law 11.101/2005 in its article 52, II foresees the presentation of the negative certificate for the recovering company to contract with the public administration. Given this, this article will present the administrative and corporative principles that regulate the possibility of a recovering company to participate in public biddings so the objective brought by the 11.101/2005 law is addressed accordingly