Análise das alterações trazidas pela Lei Nº 14.133/2021 nos processos de compras públicas e seus reflexos na percepção dos agentes públicos

Abstract

Procurement processes in the public sector follow bidding rites that need to adapt to new technologies and legal changes. In this context, the present study aims to analyze the changes brought about by Law No. 14,133/2021 in public procurement processes and their impact on the perception of public agents. To this end, the study employs a qualitative and descriptive approach, using bibliographical, documentary and survey research, through a case study. The bibliometric analysis carried out from the selection of 20 scientific articles allows identifying as characteristics of this field of research the highlight of authors and journals in the area of Administrative Law. On the other hand, the comparative analysis that investigated the regulations related to public procurement, since Law no. 8666/1993 to Law no. 14,133/2021, noted important changes, citing the bidding modalities, ordering of the phases of the bidding process and new judgment criteria, in addition to the need to adopt planning instruments. After the analyses, the case study was developed from semi-structured interviews with 4 volunteer participants who perform activities related to bidding processes at the municipal level. The categories of analysis observed were the profile of the participants, specificities of the alterations brought about by Law na. 14,133/2021; the bidding process; the need for training; and challenges, criticisms, suggestions and opportunities for improvement. The results reveal the optimism of the interviewees, pointing to modernization, less bureaucracy, greater transparency and legal security as positive aspects. To this end, greater planning, organizational restructuring, accountability of the agents involved and segregation of functions are expected, through training, standardization and support from public managers. It can be concluded that the New Bidding Law brought changes in response to the criticisms of the previous legislation, contributing to greater efficiency in the public sector. It is expected that the research findings will contribute to assist other public agencies in the implementation of the novelties, as well as to contribute with other researchers. Thus, the study tends to provide opportunities for debate about legal changes in public procurement processes from the perception of public agents, also contributing to society for the exercise of social control.