This article aims to demonstrate how the theory of objective imputation of results enriches this examination, as well as to suggest ways of its application.
The Impact of Court of Auditors Decisions on the Judicial Examination of the Objective Type of the Crime of Illegal Dispense
or Non-Requeriment of Bidding (art. 89, Law 8.666 /93) and of the New Crime of Illegal Direct Public Procurement (art. 337-e, cp)
In: Revista da Controladoria-Geral da União, v. 13, n. 23
Authors: Raquel Scalcon and Felipe Campana
Year: 2021
Synopsis:
This article seeks to solve the following problem: what is the influence that a decision of a Court of Auditors on the crime of the article 89 of the Law 8.999/93 and on the crime of the article 337-E of the Criminal Code? This problem arises because the typical description of the crime contains a normative element whose competence to decide also belongs to the Court of Auditors. Therefore, in the first place, the article analyzes the mentioned crime and the problems involved. Secondly the article does a brief presentation of the competence of the Court of Auditors and, finally, analyses the types of influences of her decisions on judicial sphere, taking a reasoned position at the end.
How to quote:
SCALCON, Raquel; CAMPANA, Felipe. The Impact of Court of Auditors Decisions on the Judicial Examination of the Objective Type of the Crime of Illegal Dispense or Non-Requeriment of Bidding (art. 89, Law 8.666 /93) and of the New Crime of Illegal Direct Public Procurement (art. 337-e, cp). In: Revista da Controladoria-Geral da União, v. 13, n. 23, 2021
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