Desvendando a opacidade: uma análise da transparência em municípios alagoanos em situação de calamidade pública, à luz da lei de licitações

Abstract

Intense rains in Alagoas led to a state of public calamity, causing floods and damages. The public administration resorts to the waiver of bidding to address the situation. The Bidding Law (Law No. 8,666/1993) governs the procedures, emphasizing the waiver in cases of emergency or public calamity. The Federal Constitution demands transparency in administration, even in exceptional situations. Regulations such as the "Transparency Law" and the Fiscal Responsibility Law reinforce the disclosure of data in cases of waiver. The insertion of information in the transparency portal is crucial for social control and ensuring the correct use of public resources. Justen Filho emphasizes the importance of the bidding object, linked to the principles of legality, impartiality, and equality. Niebuhr categorizes the object into immediate and mediate, the latter focused on meeting public interest. The future Law No. 14,133/2021, to take effect in 2024, brings improvements, detailing criteria for emergency situations, with the requirement of approval from the National Congress. The comparison between laws highlights changes, such as the characterization of the state of calamity. Thus, transparency, present in various laws, is considered essential to ensure access to information and guarantee efficiency in the use of public resources.