LEI 14.133/21: NULIDADE FORMAL NA DESIGNAÇÃO GENÉRICA DE AGENTE DE CONTRATAÇÃO E PREGOEIRO

Abstract

With the enactment of Law 14.133/21 (new Bidding and Contracts Law - NLLC), a new bidder appears, the contracting agent, specified in art. 8 of the Law in question. Studying this agent is fundamental for the development of future administrative biddings, mainly regarding the "clash" between this agent's attributions and the auctioneer, similar figures, for different modalities. The auctioneer is described in art. 8, §5, for the execution of the trading session, specifically. This article, using the deductive method, discusses using a legal analysis, based on doctrine, TCU jurisprudence, national legislation and academic articles. In the study, it is noted, at various times, that there is confusion between the dispositions of the contracting agent and the auctioneer, especially if we take into account the history between these two actors, but when comparatively analyzed, it cannot be said that a can be synonymous with the other, thus observing that the contracting agent is actually a new character that the NLLC included in the bidding procedures for different modalities of the trading session and that, for this reason, must be designated specifically for this action, and there cannot be a designation generic for conducting different bidding procedures, under penalty of nullity of the performed acts.