Análise propositiva para a eficiência do procedimento licitatório brasileiro

Abstract

The Brazilian bidding procedure is today conducted, at least the biggest part of it, by the Law 8.666 of 1993. Now, it is supposed that its formalities are no longer so adequate to the reality nowadays. Almost three decades later, society's social and legal relations have changed substantially; with the advent of the technological revolution, the spread of the internet, everything needs to be faster, more efficient, more objective. And these changes did not occur solely with the population; also reached the Public Administration, mainly with the advent of Constitutional Amendment No. 19/98. This CA established efficiency as one of the basic principles of administration, fixed in article 37 of the Federal Constitution. Thus, efficiency must be broadly analyzed, from the provision of public services to the rationalization of the administrative machinery. In this context, the necessity arises to adapt the bidding process to this new phase of public management. Thus, by means of the Law 10.520 / 2002, the Pregão was instituted, a new modality, with the perspective of making the event faster and more efficient. Later, thinking about the major international events that the country would host in the middle of this decade, the Differentiated Hiring Regime was created, another modality. Such measures did represent a progress in the efficiency of the event, compared to the Law 8.666 / 93, but it is not enough; there is still a lot of room to improve. Thus, a more profound change in homeland legislation is needed, not only through sparse laws creating new modalities, but through a complete law that in fact represents a real milestone, taking advantage of new technologies and nuances of the current social scenario to increase the efficiency of the bidding process.