Reflexos jurídicos da blockchain na administração pública brasileira: impactos nos princípios da probidade, transparência e eficiência

Abstract

Public Administration is marked in its genesis and practices by deep-rooted and historically known problems, particularly those related to excessive bureaucracy, the slowness and inefficiency of public services, and the misappropriation of public funds through illicit acts, which often make headlines and generate public disdain. This scenario of dissatisfaction and low legitimacy of Public Administration has been paralleled by societal changes concerning technological revolution. The impact and penetration of new technologies were also felt in public management, giving rise to what is now known as Digital Government. In this context, blockchain technology, considered highly innovative and disruptive, is being considered as a promising tool for solving some of the chronic problems that plague Public Administration. In this scenario, the general objective of this dissertation is to analyze the legal implications of implementing blockchain in Brazilian Public Administration, focusing on the principles of transparency, integrity, and efficiency, based on the study of a concrete application: public procurements supported by this technology and smart contracts. To achieve this goal, the specific objectives include: (i) presenting a retrospective of the evolution of public management in Brazil, with an emphasis on the aforementioned principles in light of the Federal Constitution of 1988; (ii) examining the digital transformation of Public Administration, with a focus on Electronic Government and its transition to Digital Government; (iii) exploring the technical fundamentals of blockchain and smart contracts; (iv) analyzing the impact of blockchain and smart contracts on public procurement, assessing how they can influence transparency, efficiency, and the fight against corruption in the bidding cycle; (v) researching other possible applications of blockchain in Brazil, specifically in the context of Electoral Justice; (vi) mapping and comparing embryonic initiatives for blockchain adoption in the Brazilian public sector. The study is based on the hypothetical-deductive method, with bibliographic and documentary research, of an exploratory and qualitative nature, grounded in a historical-evolutionary and dogmatic approach. The hypotheses investigated are that the implementation of blockchain technology in public procurement will contribute to: i) reducing bureaucracy, making the bidding cycle more agile and efficient; ii) strengthening transparency by enabling the immutable and accessible recording of all stages of the procurement process; iii) mitigating corrupt practices, ensuring greater integrity and impartiality in the management of administrative contracts.