A nova sistemática de repressão aos crimes contra o erário na lei de licitações

Abstract

The present work provides a theoretical analysis of the impacts brought by the new Law of Biddings and Contracts, Law nº. 14,133/2021, replacing Law nº. 8,666/1993. The main focus of the work is on the changes that have occurred in criminal types, demonstrating a significant increase in punishability. The work includes, in its first part, the objectives, methodology, and theoretical framework used in the study, before discussing the conceptual and legal aspects of the bidding process. The work is more thorough in the analysis of eleven new criminal types incorporated into the Brazilian Penal Code by Law nº. 14,133/2021. In this analysis, the present work points out the advancements that the new law brings to the bidding process, as well as changes in the penalties for crimes related to bidding. The main thesis of the work is to demonstrate the legislator’s intention to increase technical rigor and the punishability of crimes against public funds. Most of the crimes shift from being subject to detention to imprisonment, as established by the new legislation. The work concludes by demonstrating that the new Law of Biddings and Contracts marks a significant advancement in Brazilian legislation, utilizing innovations in technology, with more transparency mechanisms, improvements in technique, and above all, greater protection of public assets and public funds.