Certificate of good manufacturing practices and control as technical qualification requirement in bidding

Abstract

Study of the legality of the requirement in public bidding, by way of technical qualification, the presentation of the Certificate of Good Manufacturing Fabrication Practices and Control - CBPFC of the products susceptible to Sanitary Surveillance, document issued by the National Agency of Sanitary Surveillance - ANVISA, from the Brazilian legislation that rule the matter, contextualizing with the homeland doctrine and the understanding of the Court Union Account - TCU. The theme analysis shows the polemic aspect of the question e allowed us to firm the understanding for the regularity of the obligation, because it concludes that the main good to be pupil is the citizens right to health, since consuming a product without the antecedent and indispensable sanitary inspection and consequent certification, may cause the exposure to serious health risk to the consumers, assuming more importance on technical qualification requirement, once the quality of the contracted object for the Public Administration is directly related to the population health protection.