The self-cleaning between the brazilian new public contracts law and the portuguese public contracts code: a comparative analysis

Abstract

The paper deals with the regulation of self-cleaning in Brazilian and Portuguese legal systems. It analyzed issues related to: (i) the administrative procedure necessary for the re-inclusion of the economic agent in the public procurement market; (ii) the self-cleaning hypotheses in each of the orders; (iii) the legal requirements demanded by each of the legislations; (iv) the nature of the self-cleaning act, whether an administrative act linked or discretionary. Concluding that the administrative procedure of Brazilian self-cleaning, as well as the need to define the requirements in advance, may constitute a relevant inspiration for Portuguese law; while the use of self-cleaning for strategic purposes, in addition to some of the requirements characteristic of Portuguese law, would be useful for an improvement of Brazilian legislation. Constituting the self-cleaning act a duty, in both law orders. The research was based on the study of both legislations and on specialized doctrine.