Português

o caso da nova Lei de Licitações e Contratos Administrativos

Abstract

This article discusses a possible unconstitutionality in law n° 14.133/2021, art. 75, “a)”. This clause authorizes the waiver of bidding on the grounds of a previous unsuccessful bidding, more specifically, it exempts the public agent from redoing the bidding reputed to be unsuccessful, even if such repetition is possible. The previous law, namely 8,666/93, required a justification in the sense of the impossibility of redoing the bidding process; such justification is no longer requested from the public agent for the use of the reputed device. We argue that, in view of the celerity, efficiency and reduction of bureaucracy in public processes, being an important target to be followed, present in the intent of the current legislator, such tension is resolved by redoubling care with the full legality of the previous unsuccessful bidding process, and thus the constitutionality of the new bidding law.