Responsabilidade civil do estado na ausência da inclusão de critérios de preservação ambiental no procedimento de licitação pública

Abstract

The way of consuming products and services undergoes deep changes through time, which varies according to the technological knowledge gathered in each epoch, and also according to the economic resources and socio-cultural progress conquered. Nowadays, one of the main classification vectors about the way of consuming products and services has been the concern about environmental preservation. In this context, the State plays a leading role considering, from a side, its capability of consuming and, from other side, its responsibility about the environmental preservation. The concern of “sustainable development“ requires change in the way of interpretation about the existing legislation, especially on the one related to the governmental purchases, in order to insert criteria that reward public suppliers committed to the environmental preservation. This study puts itself in the context of concern about the way State consumes products and services. And also, this study aims to verify if the actual legislation, related to public bidding, authorizes the inclusion of criteria based on respect, preservation and environment recovery in governmental purchases, and how can it compromise the State with such goals. This is a matter of verifying, for example, if could exist any legal restriction on the inclusion of Publication rules that establish distinctions between suppliers while taking into consideration the products’ life-cycles, or their discard handling. This is also a matter of verifying, if according to the actual legislation, it is possible to attribute civil responsibility to State in cases of no inclusion on public notices of bidding about the concern of sustainability. Thus, considering that Federal Constitution of 1988, art. 225, impose to everyone, including the State, the duty of preservation and guarantee of a ecologically well-balanced environment, this study aims to verify if the execution of such duty, can be implemented by the inclusion of sustainability criteria in Public Notices, that refers about products and services supply to the Public Administration.