State companies and the necessity of a public tender

Publicado em 12 Apr. 2017. Última atualização em 24 May. 2018


The activity aims to improve students' argumentation skills in the discussion on the implementation of the constitutional requirement of the public tender within state enterprises. It is simulated up a meeting on a state-owned company, in which students represent the parties, which typically meet to discuss the controversial aspects of tendering and management alternatives. The parties are the directors of the company, the association of employees, the Labor Public Ministry and the external reviewer.


The importance of this class in the course structure is to deepen the understanding of the use of corporate entities under private law by the state. For this, are shown to the students the possibilities, characteristics and difficulties of using the business model by the public sector.

The purpose of the simulation is to enable the students to deal with the complexity of inserting the limitations imposed on public administration, such as public tender for the hiring of staff, the management of a typical private law entity, which is the company. How to harmonize the dynamic business activity with the state bureaucracy?

There are three categories of skills and competencies to be developed with this dynamics. - General Skills: the power of synthesis, teamwork and argumentation. - Legal Skills: to relate the different legal standards to each other, identifying how they are made in the legal system and prepare legal opinions. - Skills: enable the student to develop a legal function - in this case, the roles distributed in the lawyer activity, public officer and prosecutor member of the Public Ministry.


Method: Simulation (role-playing).
Requirements: previous reading of legal report about the adoption of a career plan for employees of a state company and its relationship with the rules of the tender. In the classroom: reading of the constitutional rules about the public tender (Article 37, II.), and state-owned enterprises (Article 173.).

- Parecer O concurso público nas empresas estatais e a organização das carreiras, by Carlos Ari Sundfeld, published on: Pareceres Edição Completa, São Paulo, Revista dos Tribunais, 2013.
- Video. Professor Carlos Ari Sundfeld interview. Theme: Public companies and other state entities. Link: 

Introduction to the DYNAMICS:DYNAMICS: It is explained the simulation exercise and makes the division of the groups. In summary, the professor presents the theme, lays the questions to be answered and do some teasing.

DEVELOPMENT OF THE DYNAMICS: Each group is assigned to one of four possible roles: representative of the association of employees, external legal consultant (fictitious author's opinion which was previously read), the company's chief and representative of the Labor Public Ministry. The meeting agenda is this following one:

1. Extension of the requirement for the state-owned company promoting public tender for hiring of staff.                                                                                                    2. Aligning the requirement of the public tender with market competition that the company is subject.                                                                                                         
3. Applicability or not, the state-owned enterprises, the constitutional jurisprudence contrary to the call career advancement (career change within the same company).                                   
4. Criteria for identifying positions to be integrated into a single career, so that access to them can occur through promotion (not tender).

During 30 minutes, each group internally prepares the arguments, placing them briefly in the writing report. Over time, begins the general meeting. It is selected one representative from each group to present its line of argument. The simulation lasts on average 25 minutes. The format used is the same as an actual meeting: the board opened the session and organizes the participation. Consultation legislation is permitted and, during the simulation, the professor refrains from intervention.
END OF THE DYNAMICS: the work ends with the impressions of other students about the arguments presented, showing the points they considered positive and negative. During this end, it is sought to answer the following questions: what could have been better addressed? Was any important point left out?
Attention in the class: the previous class preparation is essential, through the reading of the opinion writing report.


- FEEDBACK: comments only at the end of the class, about the overall impression of the activity.
- GRADE EVALUATION: the activity had not a specific grade, counting only the to the general grade of student participation in the course.


The theme of the state companies and its challenges companies is developed in two meetings, each with a specific purpose and different methodology. The present register, simulation workshop, may precede or proceed another meeting about the operations developed by the state enterprises. 

Copyright from the cover page image

Image: Concurso Público para formação de oficiais of 2011, photographer: Adenilson Nunes/SECOM, available by the Flicker user FOTOS GOVBA, under the Creative Commons BY 2.0 license.


Activity Details


State companies and the necessity of a public tender



Concentration area: 

  • Administrative Law

Discipline : 

Administrative Law II – 2nd year


  • Undergraduate

Key words: 

  • Public tender
  • State companies
  • Careers organization

Number of students: 

From 20 to 40

Time of application: 

From 1 to 2 hours


Claudia Acosta Mora
Fernanda Tie Yamamoto
Guilherme Forma Klafke
Yasser Reis Gabriel
Vitória Oliveira


Licença Creative Commons
This work is licensed under a Creative Commons Atribuição-NãoComercial-CompartilhaIgual 4.0 Internacional

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