A fase interna da licitação na lei 14.133/21: observância ao princípio do planejamento ou excesso de formalismo?

Abstract

The Brazilian Government uses isonomic criteria to select private agents capable of assisting it in its administrative function by bidding. It is therefore an important institute of public law, closely related to fulfilling the duties and purposes for which all state action is intended. This paper aims to clarify the reasons that led the National Congress to promote the recent major changes that affect all levels and spheres of government, besides verifying whether these changes align with the principles of planning and efficiency or if it is excessive formalism. To do so, the internal phase of the bidding process was strictly analyzed since it is the phase that highlights the planning stage and hence includes the main innovative instruments brought in by the new Federal Law 14.133/21. After extensive bibliographical research on normative acts, doctrines, scientific articles, and specialized case law, it was noticeable that the future amendments are the result of practical experience and technical-scientific knowledge accumulated by the Federal Government over the last few decades, with the help of the Court of Auditors. Furthermore, it was observed that the consolidation of this knowledge into a nationwide piece of legislation guarantees that all the Brazilian Public Administration entities and bodies adhere to the new guidelines for planning, governance, transparency, and public-private partnerships, ensuing improvements and advances in the public services provided.