O PRINCÍPIO DO FORMALISMO MODERADO COMO FORMA DE CONVALIDAÇÃO DOS VÍCIOS SANÁVEIS CONSTATADOS NOS ATOS PROCEDIMENTAIS LICITATÓRIOS

The principle of moderate formalism in the context of public contracts and tenders seeks to balance the need to follow formal procedures with flexibility to correct errors that do not affect the essence of administrative acts. This means that, when possible, formal errors that do not compromise the public interest or the competitiveness of the process can be validated, that is, corrected without the need to cancel the entire procedure. The Federal Audit Court (TCU), the Superior Court of Justice (STJ) and the Federal Supreme Court (STF) have recognized this principle as a way of avoiding the annulment of processes due to errors that can be remedied, thus promoting greater efficiency and savings in administrative procedures. The application of this principle must always be in accordance with the Bidding and Contracts Law and the Federal Constitution, ensuring that the public administration acts legally, efficiently and in favor of the public interest. This understanding seeks to ensure that formalism does not become an obstacle to effective public procurement, allowing the focus to be on the substance of administrative acts and not just their form.