Análise dos possíveis impactos da nova lei de licitações e contratos sobre as contratações de obras e serviços de engenharia

Abstract

This work discusses how the contracting of engineering works and services will take place in a new context introduced by the New Bidding and Contracts Law (NBCL), which will replace the Former Bidding and Contracts Law (FBCL). Due to the context in which it was created, the FLBC proved to be a regulation that could not efficiently meet the requirements of the bidding regimes that would later appear to enable the proper contracting of various types of objects (from the purchase of common goods to the contracting of companies to perform complex works). Evidence of this is the fact that as early as 2002 it was necessary to draft a law that addressed the bidding and contracting of common goods and services, including engineering ones, since the FBCL involved bureaucratic procedures for contracting that aimed at agility and lower cost. In addition to the fact that FBCL did not satisfy contracts that should be quick and less costly, it also did not demonstrate that it had the elements and legal institutes necessary for contracts that, despite the complexity, needed agility in the bidding procedures, such as the works that would be necessary for the 2014 FIFA World Cup. Such works were expressly dealt with by the Differentiated Public Contracting Regime - DCR. With this, the New Legislation on Bidding and Contracts, approved on April 1, 2021, joins the Brazilian legal system with several objectives and challenges. One of these objectives is to consolidate the main points of laws subsequent to the FBCL that were created to correct some of its deficiencies. Among the NBCL’s challenges is to understand how public bidding and contracting will behave in this new context and to know how to use the resources available today to achieve those goals. Thus, given that the NBCL caused many changes in several themes, it is essential to mention that this work will focus on highlighting changes in the context of engineering works and services and analyzing what the possible effects of these changes will be.