NEW BIDDING AND PUBLIC CONTRACTS LAW: AN ANALYSIS OF THE NATIONAL PUBLIC PROCUREMENT PORTAL (PNCP) IN LIGHT OF THE PRINCIPLES OF TRANSPARENCY AND EFFICIENCY

Abstract

The study aims to evaluate Law No. 14,133/2021, known as the New Law on Tenders and Administrative Contracts, and the effects arising from the implementation of the National Public Procurement Portal, aiming to verify its compliance with the principles of Transparency and Efficiency . The research was divided into six moments, initially analyzing the main changes introduced by the standard, highlighting the new general aspects of its structure. Next, the concepts and principles that govern public procurement are explored, with an emphasis on aspects relevant to Public Administration, based on research carried out by the Federal Audit Court (TCU). The analyzes carried out in the legislation were based on doctrinal studies, scientific articles and jurisprudence, which allowed the general objective of this work to be achieved. For all of the above, it is confirmed that the inclusion of administrative contracts in the PNCP is an essential condition, it is a binding act, following the provisions established in the legislation, according to art.17, §4 of law 14.133/2021. Furthermore, the principles play a fundamental role in making the formalization of competitions valid, according to the criteria established in the legislation, indicating that the PNCP, in the new Bidding Law, represents a significant technological advance, overcoming the limitations found in the previous legislation.