O novo regime de nulidades dos contratos administrativos sob a lei nº 14.133, de 1º de abril de 2021: um debate sobre a função social dos contratos públicos

Abstract

The present work aims, as a general objective, to analyze how administrative contracts, as a type of contract, are affected by the principle of the social function of contracts, especially under the analysis of the new nullity regime established by Law no. 14.133, of April 1st, 2021. The specific objectives are to delve deeper into basic concepts regarding administrative contracts and the social function of contracts, to therefore analyze the nullity regime under this focus. The methodology is logical-inductive and the research is bibliographical. As results, we verify that the new nullity regime provides for a more case-by-case approach by the administrator, while incorporating elements such as accountability and governance, with the legislation being able to strengthen the performance of preventive control mechanisms. It is also cleared that the new legislation can bring more legal certainty and improve the business environment, as it incorporates new concepts and technologies to facilitate the social function of bidding.