Análise da Nova Lei de Licitações e Contratos à luz do pacto federativo brasileiro
Análise da Nova Lei de Licitações e Contratos à luz do pacto federativo brasileiro
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DOI: https://doi.org/10.22533/at.ed.4732529012
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Palavras-chave: Nova Lei de Licitações e Contratos. Pacto Federativo Brasileiro. Autonomia. Entes Federativos.
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Keywords: New Bidding and Contracts Law. Brazilian Federative Pact. Autonomy. Federal Entities.
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Abstract: The present study has the general objective of analyzing the compatibility of the New Bidding and Contracts Law (NLLC – Law nº 14.133/2021) with the Brazilian Federative Pact. In order to achieve this objective, a critical analysis of the changes brought about by the new law was carried out, focusing on the normative implications for the autonomy of federative entities (Union, States, Federal District and Municipalities). The method used was bibliographical research, carrying out a qualitative analysis, based on the interpretation and analysis of legal regulations, as well as doctrinal and jurisprudential positions, which focused on the subject. The results indicate that the NLLC brought several changes in relation to the previous legislation, such as the creation of computerized systems, standardization of public governance activities and requirements for civil servants working in the area. However, there are concerns about its compatibility with the constitutional position of equality of the entities, especially with the establishment of regulations that may violate the Federative Pact. The conclusions indicate that a broader debate on the implications of the new law is necessary, so as not to harm the specificities provided for in the Brazilian Magna Carta. In addition, a broad review and improvement of legal and infra-legal norms is suggested, all with the aim of guaranteeing the autonomy of entities, as well as preserving the public interests involved in public procurement.
- Nícolas Lobo Lobato