A nova lei de licitações e contratos administrativos, lei nº 14.133/2021, e as alterações para contratação direta à luz do princípio da eficiência administrativa

Abstract

The review on the organizational models of public administration in Brazil works as a foundation to study the emergence of the concern with efficiency in public management,with the analysis of patrimonialism, the bureaucracy and managerialism as models. From a historical-legal point of view, the Managerial Reform of 1995 and the legislative impacts in the country are analyzed, followed by theeffectivenessoftheefficiencyprincipleinthe1988 Constitution. In the face of the new perspectives in state management, incompatibilities arise between laws and the reality of collective demands. Therefore, the regulations inbiddingare analyzed. The article 22, item XXVII, of the Federal Constitution of 1988, provides the exclusive competence of the federal government to produce general rules on public administrationbiddingandcontracting.Thus,LawNo.14.133/2021,whichdealswithgeneral rule on public administration, was enactedonApril1st,2021,replacingLawNo.8.666/1993. With a new law, the legal system needs to adapt to changes and present the necessary regulation for the full effectiveness of the norms that require so. The analysis of the new law is based on the administrative principle of efficiency and its impact on the directhiring, dueto waiver of bidding or its unenforceability. The modifications arising from the new legislation are analyzed in this study, in contrast to the previous legislations, in order to verify the legal intentions of providing more efficiency to public acquisitions.Therefore,the improvement of the legal text in the New Bidding Law is potentially capable of producing positive effects to the administrative procedure efficiency, with long-term practical effects to be verified in furtherfuture.