The New Deadline for Counterarguments in the S System Regulations: Advances and Challenges
Posted: Wed Feb 19, 2025 5:07 am
The S System, formed by entities such as Sesc, Senac, Sesi, Senai, Sebrae, Apex, ABDI, among other more modern ones such as Embratur and Agsus, is a group of private organizations with regulatory autonomy, aimed at educational and professional development, as well as the promotion of economic sectors and activities, such as small businesses, exports, among others of utmost importance to Brazil.
Created based on legislative authorization, these entities play a fundamental role in promoting the qualification of the workforce, improving the quality of life of workers and their families, and boosting the development of various sectors of the national economy. By carrying out activities that the State, on its own, cannot fully fulfill, these organizations directly contribute to the achievement of objectives of public interest.
However, despite its private legal nature and israel telegram data administrative autonomy, the S System must comply with principles such as efficiency, transparency and impartiality.
Thus, autonomy is essential for entities to adapt their rules to their functional peculiarities, but it requires care in drafting standards that involve rights and procedural deadlines.
An example of its normative autonomy was the recent update of the Tender and Contract Regulations, carried out by most Autonomous Social Service entities, so that they now adopt the dynamics that best adapt to their realities and needs, while complying with general constitutional principles, such as legality, efficiency and publicity.
Among the changes, I would like to highlight the wording that deals with appeal deadlines in tenders , especially with regard to counting deadlines for counter-arguments.
It is important to highlight that the administrative appeal is an instrument made available to interested parties to challenge decisions taken during the bidding process. This mechanism embodies the constitutional principles of adversarial proceedings and full defense, provided for in article 5, item LV, of the Federal Constitution [1] (which ensures due process).
The previous wording of the rule under analysis stipulated that participants affected by the reconsideration of a decision could express their views within two working days of being notified of the request.
“Art. 30. The decision to declare the bidder the winning bidder may be appealed within two business days, with suspensive effect.
§ 1. In the technical bidding and price criteria, an appeal may be filed in the phases provided for in the notice.
§ 2. Participants whose situation in the process may be affected by the reconsideration of the decision may comment on the request within 2 (two) business days, counting from the date of their notification.
§ 3. Reconsideration of the decision will only invalidate acts that cannot be used.” Sescoop
According to the new wording contained in the regulations of some entities, the time frame was changed to the moment of publication of the result.
“Art. 30. The decision to declare the bidder the winning bidder may be appealed within two business days, with suspensive effect.
§ 1. In the technical bidding and price criteria, an appeal may be filed in the phases provided for in the notice.
Created based on legislative authorization, these entities play a fundamental role in promoting the qualification of the workforce, improving the quality of life of workers and their families, and boosting the development of various sectors of the national economy. By carrying out activities that the State, on its own, cannot fully fulfill, these organizations directly contribute to the achievement of objectives of public interest.
However, despite its private legal nature and israel telegram data administrative autonomy, the S System must comply with principles such as efficiency, transparency and impartiality.
Thus, autonomy is essential for entities to adapt their rules to their functional peculiarities, but it requires care in drafting standards that involve rights and procedural deadlines.
An example of its normative autonomy was the recent update of the Tender and Contract Regulations, carried out by most Autonomous Social Service entities, so that they now adopt the dynamics that best adapt to their realities and needs, while complying with general constitutional principles, such as legality, efficiency and publicity.
Among the changes, I would like to highlight the wording that deals with appeal deadlines in tenders , especially with regard to counting deadlines for counter-arguments.
It is important to highlight that the administrative appeal is an instrument made available to interested parties to challenge decisions taken during the bidding process. This mechanism embodies the constitutional principles of adversarial proceedings and full defense, provided for in article 5, item LV, of the Federal Constitution [1] (which ensures due process).
The previous wording of the rule under analysis stipulated that participants affected by the reconsideration of a decision could express their views within two working days of being notified of the request.
“Art. 30. The decision to declare the bidder the winning bidder may be appealed within two business days, with suspensive effect.
§ 1. In the technical bidding and price criteria, an appeal may be filed in the phases provided for in the notice.
§ 2. Participants whose situation in the process may be affected by the reconsideration of the decision may comment on the request within 2 (two) business days, counting from the date of their notification.
§ 3. Reconsideration of the decision will only invalidate acts that cannot be used.” Sescoop
According to the new wording contained in the regulations of some entities, the time frame was changed to the moment of publication of the result.
“Art. 30. The decision to declare the bidder the winning bidder may be appealed within two business days, with suspensive effect.
§ 1. In the technical bidding and price criteria, an appeal may be filed in the phases provided for in the notice.