Cooperativas de trabalho: sustentabilidade, identidade jurídica e direito de contratar com a administração pública

Work cooperatives promote sustainable national development, and have the right to act in the economic sphere on equal terms with other types of companies, including the right to contract with the Public Administration. In this context, the present study aims to carry out a critical analysis regarding the legal institutes that deal with the conditions for the participation of labor cooperatives in bidding contests, in addition to analyzing the understanding of the Federal Court of Accounts (TCU) regarding the prohibition the participation of labor cooperatives in public tenders. At the end, it was found that the factual conditions that gave rise to the approval of the Judicial Conciliation Term signed in 2003 between the Public Ministry of Labor (MPT) and the Union and the TCU 281 Precedent remain, which demands the departure from these rules of the current legal system, in view of the need to give maximum efficiency to the new legal norms that deal with the matter, above all, the rules contained in the Law of Labor Cooperatives (Law No. 12,690 / 2012) and in the General Bidding Law (Law No. 8,666 / 93).