Julgamento objetivo de propostas técnicas em licitações: parâmetros de avaliação e pontuação na jurisprudência do Tribunal de Contas da União

Abstract

The present study aims to analyze the evaluation and grading of technical proposals in the context of public procurement under the competitive bidding method, judged by the technique and price criteria. In this regard, it examines the treatment given to the subject by the now-revoked Federal Law nº 8.666/1993 and Federal Law nº 14.133/2021, addressing the lack of effective methodological detail to guide the Public Administration in defining the evaluation factors and scoring criteria for technical proposals. The study also demonstrates that the legal framework, combined with the inherently subjective nature of technical proposal evaluation, instigate judgments that exceed acceptable standards of subjectivity, thus violating the principle of objective judgment, foreseen in article 5 of Federal Law nº 14.133/2021. Therefore, the primary aim of this study is to ascertain, in light of the case law of the Federal Court of Accounts (Tribunal de Contas da União), the parameters to be observed by the Public Administration when establishing evaluative factors and scoring criteria for technical proposals to mitigate excessive subjectivity. In addition to collecting and examining bibliographic data on the topic, an analysis was conducted of 33 decisions rendered by the TCU between 1993 and 2024. From the analysis of these decisions, it was observed that the ruling adopted by the Court establish a concrete methodology for evaluating technical proposals, defining guidelines to be followed by the Public Administration during the assessment and scoring stages, and address the legislative omission, helping to prevent evaluations from being overly subjective.