Dezordi, Evandro LuisKlein, Mateus Dall Agnol2024-03-042024-03-042020https://repositorio.uricer.edu.br/handle/35974/551The present qualitative bibliographic research sought to verify the possibility of contracting legal advice by the public administration through unenforceable bidding. As a rule, CF / 88 imposes that the Public Administration can only contract works, services, purchases and disposals if it makes a previous bid to choose the contractor (art. 37, XXI). Item XXI of art. 37 of CF / 88 states that the law may specify cases in which administrative contracts may be concluded without this prior bidding. This is what the doctrine calls “direct hiring”. Thus, the rule in Public Administration is hiring preceded by a bidding process. However, the legislation may provide for exceptional cases in which it will be possible to contract directly, without bidding. It is worth mentioning, however, that it is not enough to be a specialized professional technical service. It is also necessary that this specialized professional technical service has a unique nature and is performed by a professional or a company with a notable specialization. Thus, for there to be direct hiring due to unenforceability, it is therefore necessary to fulfill three cumulative requirements: technical service, singular service and the notorious specialization of the contractor. This requirement, provided for in Federal Law 8.666 / 93, art. 25 and its paragraphs, already present for some time, served as a basis, on which it was the subject of many discussions in the courts. Law nº 14,039 / 2020, in a subtle way, tried to abolish, in practice, one of the requirements demanded by Law nº 8,666 / 93 and the jurisprudence: the singular nature of the service. Law nº 14,039 / 2020, in a subtle way, tried to abolish, in practice, one of the requirements demanded by Law nº 8,666 / 93 and the jurisprudence: the singular nature of the service. The wording of Law No. 14.039 / 2020, purposefully, shuffles the concepts by stating that the services provided by lawyers and accounting professionals are, by their nature, technical and singular, when their notorious expertise is proven.pt-BRDireitoNatureza singularNotória especializaçãoServiços técnicosTrabalho de Conclusão de Curso