Applicability of the principle of presumption of innocence in public tenders: possible doctrinal and jurisprudential change

Abstract

The present work was prepared with the aim of better understanding the form of public tenders, specifically the social investigation stage and how it is carried out from the perspective of constitutional, administrative and criminal procedure principles. Likewise, how this theme is approached and how the principle of the presumption of innocence acts as a basis to be considered in the aforementioned stage of the public contest. On the other hand, there is a requirement of good conduct on the part of the candidate, in order to analyze his social behavior. Considering the different perspectives, the understandings of the Courts were observed when judging this special issue in the analysis of Rep. Min Roberto Barroso, when casting his vote for RE 560,900. The research method employed was deductive, based on bibliographical and documental research, using jurisprudential analyzes of Distinguished Courts.