01/31/2013

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Right Law The national law of licitations, Law n 8,666/93, mentions the public interest at diverse moments. Its articles 58, incorporation I, and 78, incorporation XI, for example, foresee express that the Public Administration must pursue, before more nothing, optimum and more justifiable public interest when concluding contracts with particular. The Federal Law n 9,784 of 29 of January of 1999, that it regulates the administrative proceeding in the scope of the federal public administration, establishes that the public administration ' ' it will obey, amongst others, to the principles of the legality, purpose, motivation, razoabilidade, proportionality, morality, legal defense, contradictory, legal security, public interest and eficincia' ' (art. 2, caption), and will have to pursue ' ' attendance the interest ends geral' ' (art. 2, only paragraph, Inc. II). With this we understand that the beginning of the public interest express it is foreseen in the article 2, caption, of the Law n 9,784/99, and specified in the only paragraph of this exactly article, with the requirement of ' ' attendance the ends of general interest, forbidden the total or partial resignation of being able or abilities, safe authorization in lei' ' (interpolated proposition II). In this direction, the doutrinadora Maria Sylvia Zanella Di Pietro 1 gives this acute lesson: ' ' Although critical to this distinctive criterion, that really is not absolute, some truths remain: in first place, the norms of public law, even so protect reflected the individual interest, have primordial objective to take care of to the public interest, to collective well-being. Moreover, it can be said that the public law only started if to develop when, after surpassed the primate of the civil law (that much century lasted) and the individualism that took account of some sectors of science, also of the Right, substitutes it idea of...