Social organizations and the duty to bid to select them

Abstract

Social organizations engaged to the state to enhance non-exclusive services. Management contract as the instrument of the partnership: nature of convention, according to a new born statement at the Brazilian Supreme Court. The duty to bid in order to choose the social organization as an imposition of the principles of the Constitution, applied to public administration (legality, impersonality and morality). Understanding bidding as a formal, impersonal and isonomic proceeding of selection. Impossibility to dismiss bidding in the presence of competition. Federal Law n. 8.666/93 applied when suitable. Impossibility to transfer all public service to the Social Organization through management contract.