Os mecanismos de governança propostos pela Lei 14.133/2021 “Nova Lei de Licitações”: um novo desafio para a Administração Pública brasileira

Abstract

This scientific article aimed to analyze the innovations brought by Law 14.133 (BRASIL, 2021), specifically regarding the Governance mechanisms and concepts of Public Governance, considering the changes made by the new legal framework within the Brazilian Administrative Law. Based on the post-positivist theory, it was aimed to understand the reasons that drove the legislator to insert ideas of Public Governance in the New Bidding Law, as well as to analyze the impacts on the structure of the Brazilian Public Administration. To this end, research was conducted in national and, especially, foreign academia, to understand the phenomenon of Public Governance as a new model of Public Administration, in the search for a more efficient, effective and transparent Government. It was found that the proposal of a new model of Public Administration based on mechanisms of good governance dates back to the early 1990s, having emerged in the European context. The analysis allowed us to verify that the Brazilian legislation is still very backward in relation to the European Administrative Law, regarding the adoption of governance as a form of public management. It was also found that the legislator did not act cautiously when proposing the insertion of governance practices in the Brazilian Public Administration, which have proven to be complex, and whose application demands structural and financial efforts from the State. In this sense, it was dedicated to formulate solutions so that the norms related to public governance proposed in the text of the Law do not become obsolete and ineffective.