AQUISI？？ES PúBLICAS PELAS PEQUENAS EMPRESAS: UM ESTUDO SOBRE O TRATAMENTO DIFERENCIADO CONSTITUCIONAL

The present study is based on the analysis of the differential treatment granted to microenterprises, small businesses and individual microentrepreneurs, treated as small businesses,in the acquisition of direct, indirect, autarchic and foundational Public Administration. The constitutional principle of isonomy, which guarantees this treatment, and the ways its effectiveness is sought through the 7 (seven) existing mechanisms that privilege small companies in the bidding process are analyzed. Furthermore, this study shows the situationswhere the benefit ratio shall not apply. In order to facilitate the understanding of the subject, a brief introduction of the bidding procedure is given, exposing its guiding principles, fundamentals and concepts. The study is based on the actual normshomelandson the subject, and the changes that have been happening through the Complementary Law 123/2006 since its institution are presented on this work. The significant changes it has had through the Complementary Law No. 147/2014, and the Complementary Law Project No. 269/2016, which aims to further improve the favoring of small businesses in general, are also discussed. At the end, an approach is taken on the role of the Brazilian Service of Support to Micro and Small Businesses (SEBRAE), which aims to guarantee the broad knowledge and access of small entrepreneurs to the rights that are guaranteed to them.