UNDUE DIRECT CONTRACTING AND THE ACCOUNTABILITY OF PUBLIC OFFICIALS: AN ANALYSIS UNDER THE AEGIS OF LAW 14.133/2021

Abstract

The scope of the study lies in the implications of improper direct hiring as provided in the New Law on Bidding and Contracts, analyzing whether the independence between the spheres of public agent accountability could lead to a violation of the general principle of law of "non bis in idem". The main objective of the project is to seek a balance between the rigidity of legal principles and the flexibility in applying penalties, aiming for a fair and proportional response to violations. There is a need for a clear and reliable criterion for applying penalties in situations where conduct violates multiple legal norms, considering the principles of Administrative Law, such as legality and typicity, avoiding the duplication of penalties for the same conduct. For the present study, the deductive method will be used to support the bibliographic research that will underpin the development of the work, as well as an analysis of recent jurisprudence on situations analogous to the topic, which demonstrate the practical application of the norms in different spheres. This practical analysis is essential to enable specific conclusions about the issue in question.