As empresas e a nova lei de licitações : da prioridade na tramitação das ações ao e-marketplace governamental

Abstract

The cluttered reality of public bidding in Brazil concerns not only the deficit legislation, the lengthy and detailed procedures, as well as the predominance in the Administration of unprepared public managers: the great obstacle to sustainable national economic development, in the public context, is also based on the lack of commitment from leaders, at all levels of government, in adapting the normative reality to the urgent demands of Informational Capitalism. Nowadays, it predominates not only in the private sphere, but especially among interpersonal relationships, the use of state-of-the-art technologies, the vaunted artificial intelligence, as well as the human being increasingly integrates with the other through virtualized environments, such as the so-called multiverse. So, given the recent exceptionality of the COVID-19 pandemic and the pressing need to speed up public procurement, especially in view of the global public health emergency, the ringing of a snare drum and the sound of trumpets was approved. the so-called New Bidding Law, which had come as a perfunctory remedy, for greater flexibility and efficiency in contracts of an administrative nature. And, pari e passu with the ongoing technological advances, the Legislative Power had approved a series of regulatory innovations, some of which already exist in foreign legislation, with the aim of responding to the need to maximize the virtualization of bidding procedures. Thus, using the deductive method, it was sought to oppose the rational and logical analysis of the Brazilian administrative reality regarding the changes undertaken by Law nº 14.133/21, in face of the intrinsic challenges of the contemporary technological context. Through exploratory bibliographic research, the objective was to demonstrate, in this master's research, the pros and cons of the New Bidding Law in force since April 2021, and in particular, to highlight the concrete prospect of future modernization of transactions public-private.