Contratação direta de serviços advocatícios pela administração pública

Abstract

This study discusses the need of public procurement for contracting legal services as well as the characterization of administrative dishonesty from this practice. Using deductive reasoning, with extensive bibliographical research and case law research, it aims to reveal if the direct attorney recruitment by the Administration, through unenforceability of public procurement is legally sustainable. To do so, it seeks to unravel the format of public contracting, in addition to investigating the meaning and scope of administrative dishonesty. It also analyzes the meaning of legal action, presenting advocacy as an activity based on the element of trust. It shows, then, that the public procurement is the rule of the public hirings, only being able to be exceptionally removed, in cases of exemption or unenforceability. It concludes that lawyers can be hired via unenforceability of public procurement, as long as they reveal the singularity of the object and the notorious specialty of the professional, in a way that justifies the sponsorship of a professional with extraordinary abilities. Otherwise, direct hiring may even generate condemnation for administrative dishonesty