The challenges of the new modality of bidding in Law n. 14.133/2021 and its legal characteristics

Abstract

The New Bidding Law sought to make legal advances in Public Administration, eliminating setbacks related to the repealed legislation. With the emergence of the New Law nº 14.133 of April 1, 2021, it sought to regulate the precepts indicated in item XXVII of art. 22 of the Federal Constitution of 1988 (CF), which seeks to indicate the general rules for bidding and contracting in all modalities in the Public Administration, also complying with art. 37 of the CF. In this sense, the problem question brought to the field of discussion was understood as follows: “So, given the dynamism that exists in the realization of public bids in the Public Administration, such as the new Law of Bidding and Administrative Contracts, has been behaving in the face of the new contracts made”? The general objective of the study was to demonstrate the challenges of the new Administrative Procurement and Contracts Law, Law nº 14.133/2021 and its legal characteristics in the current situation of the Brazilian Public Administration. The methodological procedures were constituted by the bibliographic research. The results found sought to demonstrate how the New Law of Bidding sought to give greater efficiency and effectiveness to public bids. It is concluded that Law nº 14.133/2021 came to institute an expansion of its bidding objectives, as well as guaranteeing isonomic treatment, fair competition, avoiding overpricing in contracts, encouraging innovation.