Transparência, publicidade e administração pública: um estudo comparado entre as leis nº 8.666/93 e a 14.133/21.

Abstract

This paper intends to understand how the administrative principles of transparency and publicity are applied with regard to the new legislation that regulates the public procurement system, as well as to relate and mention how the COVID-19 pandemic may have influenced this new normative device regarding accountability and public governance. Through bibliographic research and with a documentary bias, it will be possible to understand, through this work, which is the probable sources of the basic institutes of the aforementioned law. The first part of the work is concerned with understanding why the legislature tried to focus a lot on bringing a norm that was less bureaucratic, but more effective and transparent. The second part aims to contextualize the emergence of the new Bidding Law in the light of the principle of transparency and publicity, in addition to bringing into screen why a new legislation on this matter and what are the reasons for the legislature to believe that the previous regulation it was outdated and needed drastic modifications. The third part of the work proposes to address the role of principles in the Brazilian legal system, seeking to explain how Law No. 14.133/2021 will ensure greater transparency and publicity to public management, in addition to discussing how these principles will be promoted in the new regulation. The elaboration and development of this monograph is justified since the study of the subject is due to its importance given the frequent amount of scandals in public tenders over the years, which, in turn, occurred mainly due to the legislative gaps in the law still in force. , as well as the absence of greater provisions aimed at promoting transparency, clarity and effective responsibility for acts carried out within the Public Administration. The aforementioned dissertation is extremely relevant to the legal system, given that there are few works, researches and understandings about this matter, thus, this academic thesis is performed in order to bring knowledge about this issue to society and scholars of subject believing its propagation to have great significance with regard to innovations arising from the New Bidding Law. Keywords: Bids. Public purchases. Bureaucracy and fraud. Accountability. Publicity.