A NOVA LEI DE LICITAÇÕES À LUZ DOS PRINCÍPIOS DO DIREITO PENAL

THE NEW PROCUREMENT LAW IN LIGHT OF CRIMINAL LAW PRINCIPLES

Abstract

The recent enactment of the New Law on Public Procurement and Administrative Contracts in 2021 marks a significant advancement in Brazil's quest for greater transparency and efficiency in procurement processes. This legislation emerges in a context of urgent need for higher integrity and equity, grounding itself on the principles of Criminal Law to restructure public purchasing and bidding practices in Brazil. The new law seeks to eliminate privileges and ensure fair and equal treatment for all participants in bidding processes, addressing demands for a more transparent and accountable public administration. This article aims to explore how the New Law on Public Procurement integrates the principles of Criminal Law, particularly regarding equity and integrity, and their implications for the management of public resources. Through a detailed documentary analysis of the legislation and a bibliographic review related to the principles of Criminal Law applied to public procurement, the study examines the significant changes introduced by the new law, including the mandatory use of electronic systems in bids and new provisions for procurement-related crimes in the Penal Code. The analysis reveals that the implementation of the new legislation can significantly increase transparency in procurement processes, reducing opportunities for corruption and strengthening the ethical compliance of norms. Integrating the principles of Criminal Law into the New Law on Public Procurement and Administrative Contracts is an essential step in ensuring ethical and transparent management of public resources, promoting a fairer society, and reinforcing trust in public institutions. This study underscores the importance of continuing efforts to ensure the effective implementation of the law, aiming to consolidate administrative practices that support a robust and reliable rule of law.