The abatement of action due to the lack of interest to sue in the writ of mandamus against an administrative act in a public bidding

The purpose of this article is to examine the abatement of action due to the lack of interest to sue in the writ of security against an act in a public bidding, when an injunction is not granted and the bidding proceeds. The writ of security against acts in biddings must comply with the action conditions established in the Civil Procedure Code, among which the interest to sue, under penalty of loss of object and abatement of action according to the Federal Law 12.016/2009. According to the doctrine, rejected the injunction, and once the bidding process is homologated with the agreement signing, there is no interest to sue. However, the current case law of the Supreme Court went on to decide that the nullity of the act contaminates all stages of the proceeding, including the contract, preventing the extinction of the proceedings, that is, there is no loss of object. The Federal Court of the 4th Region and the Court of Justice of the Rio Grande do Sul State, there is a harmonious application of this understanding. So while persist the current case law, the Administration should enhance the reasons for their actions in order to reduce the risk of legal challenge of their decisions.