A natureza jurídica dos empréstimos por organizações internacionais de cooperação financeira: as licitações brasileiras realizadas com normas internacionais

• Ano de defesa: 2014
• Autor(a) principal: Thiago Ferreira Almeida
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Universidade Federal de Minas Gerais
• Palavras-chave em Português: Recursos hídricos Desenvolvimento Estudo de casos; Direito internacional público; Licitação pública Legislação; Banco Mundial; Acordos de empréstimo; Cooperação financeira; Organizações internacionais; Licitações
• Link de acesso: https://hdl.handle.net/1843/BUBD-9XQKCM

This study aims to analyze the loan agreements undertaken by international organizations for financial cooperation in respect to its legal nature and their application in the Brazilian law, through an understanding of their insertion in the hierarchy system law. The central question of this study is the application of procurement rules from loan agreements concluded with international finance organizations, which possibility is guaranteed by Article 42, §5 of Law 8.666/93 (General Procurement Law). External rules cause the removal of national law in favor of the use of rules of international law. It is based on the need to study the condition of Brazil as one of the largest customers of the World Bank (the first in Latin America and fourth in the world), whose international loans finance large infrastructure and public services. Furthermore, we aim to address extensive case law analysis of the Judiciary and Courts of Auditors, in order to comprehend how they relate national and international rules for bidding with external resources and how such jurisdictional and control agencies recognize the provisions of International Law. In the end, we intend to recognize interpretation criteria of loan agreements and external procurement rules applied to Public Administration. In particular, as the case law analysis, we present the case of TCU on the Proágua National Program which utilized resources of loans from the World Bank and whose decisions as to the applicability of external procurement rules affected the execution of projects in eight different states in Brazil. Therefore, this work is used a legal method to the search of the theory of treaties and international law, as well as took advantage of researches in specialized doctrine, international agreements, World Bank official documents and manuals of foreign financing. By understanding that the Brazilian case law has not yet a pacified position about international agreements and foreign procurement rules, the work has an objective purpose of outlining the major interpretations stemming from the study of cases showed contributing to the strengthening of the International Law.