Análise da nova lei de licitações e contratos administrativos (lei nº 14.133/2021): alterações e dificuldades

Abstract

Bidding is a very important administrative procedure for the proper functioning of the Public Authorities, as through it there is adherence to products or services. Given this, it is crucial that it is govemed by transparency and equality, guaranteeing security for society regarding the destination of public money and the competitiveness of suppliers. Given its relevance, the first legislation on the subject was published in Brazil Imperio, developing until the publication of Law nº 8.666/93. However, the need for new legislative provisions was perceived, such as Law nº 10.520, of 2022 (Auction Law) and Law nº 12.462, of 2011 (Differentiated Contracting Regime), in addition to various jurisprudences, decrees and regulations, making the process increasingly confusing. Therefore, with the aim of unifying and modernizing it, Law nº 14.133/2021 (Tenders and Administrative Contracts Law) was drafted. This legislation presented several innovations, many seen in a very positive way, others evaluated as real challenges, setting a deadline of two years for the government to adapt. However, it was necessary to extend this deadline due to the difficulties of the agencies to comply with the new legal provision, making it necessary to analyze the TCU for data analysis and assembly of action plans. In this way, it is studied what are the obstacles experienced by the Public Administration to use Law nº 14.133/2021, in addition to the step-by-step necessary to change this scenario