Performace Bond: Insurance Guarantee In Contracts With Public Administrationanti-Corruption In The Thought Of Modesto Carvalhosa And

Abstract

The present work deals with the legal regime for the application of article 55 subsection VI and article 56, section II of Federal Law 8.666 / 93, requiring the use of the guarantee insurance for execution of public works contracts and the supply of goods or services. called "Anti-Corruption Insurance", facing the problematic issue of corruption so much discussed and debated in the country with recent scandals, among which the "Monthly" and Federal Police operations in Lava Jato. In the face of works and numerous bills that defend the expressiveness of the values ​​diverted from the treasury as a result of irregularities in public works contracts and in the execution of services, the lawyer Modesto Carvalhosa, with twenty years dedicated to the study of corruption and considered one of the major legal authorities in the matter, publicly affirms that the "Performance Bond" model, practiced in the United States, is the solution to the end of corruption in Brazil. The present proposal, through the deductive and inductive methodology with the case study in the Municipality of Sinop, which managed to endorse the insertion in the local legal system through research on the solution of corruption and on the studies of the mandatory “Anti-corruption†Insurance (Performace Bond) that resulted in Municipal Bill no. 39, of April 12, 2018 and which, today, is approved and in effective force through Municipal Law no. 2670 2019 from Sinop MT.