A Nova Lei de Licitações e Contratos Administrativos (Lei Nº 14.133/2021) Sob a Lente da Teoria da Legitimidade

Abstract

Law No. 14.133/2021 represents a new regulatory framework for public procurement and administrative contracts in Brazil, aiming to modernize processes and enhance transparency in public purchases. The study aimed to analyze the perception of the involved stakeholders regarding this legislation, considering the attributes of normative legitimacy, to understand whether the introduced changes improve public contracting or merely increase bureaucracy. The research adopted a qualitative and constructivist approach, using semi-structured interviews to capture the perceptions of professionals in the field. The study included public managers, procurement operators, and representatives from audit courts, allowing for a comprehensive analysis of the new law’s implications. The methodology was structured to ensure reliability in data collection and an in-depth understanding of the challenges and benefits of the legislation. The results indicated an ambiguous perception of the new legislation. While there is recognition of advancements in transparency and process efficiency, challenges such as regulatory complexity, the lack of detailed regulations, and the need for public officials’ training were identified as obstacles to the law’s effective implementation. Additionally, some changes were found to potentially generate legal uncertainty, making adaptation difficult for those involved. It is concluded that Law No. 14.133/2021 is an important step in modernizing public procurement in Brazil, but its effectiveness will depend on overcoming the identified challenges. Measures such as continuous training for public officials, improvement of regulations, and the creation of adaptation mechanisms are essential to ensure that innovations lead to more efficient contracting processes aligned with the principles of good public governance. Thus, the perception of the new law’s normative legitimacy can be strengthened, ensuring that its innovations effectively enhance public contracting in the country.