Compras reservadas: Su fundamento y test de control previo de daños e interés público

Abstract

This article, has the objective to give a perspective to the grounds that justify the causes of reservations invoked in an administrative contracting process, carried out by the Armed Forces and the Forces of Order and Security. These processes justify their reservation mainly in the provisions contained in article 436 of the Code of Military Justice, an article that is drafted in general and non-exhaustive terms, so its invocation must be in accordance with article 21 of Law No. 20.285, say about it, but before that, what in this work we will call "prior control test" must be verified, with respect to damage and public interest, which will reserve support for the administrative act that accesses this special form of purchasing procedure.