NOVAS PRÁTICAS DE COMPLIANCE EM LICITAÇÕES ADOTADAS APÓS O ADVENTO DA LEI Nº 14.133/2021

Abstract

The present work addresses the adoption of integrity and compliance programs within the scope of bidding procedures. It envolved conducting a qualitative, documentary and bibliographic research that delved into the provisions of the administrative law addressing this topic – primarily found in Brazil’s Law No. 14,133/2021, the new law of public bidding and administrative contracts (NLLC), as well as contributions obtained from scientific researchs in the fields of administrative law, bidding proccesses and compliance. The gathered material was analyzed using a deductive method and the research aimed to first identify the advantages of adopting integrity programs in both the private sector and the public administration. It then sought to understand how bidding procedures are carried out in the brazilian law and whether the regulations governing bidding procedures make any reference to integrity programs or compliance frameworks. After analyzing the treatment given to this subject by the brazilian administrative law and recognizing a recent legislative trend that acknowledges the importance of public administration taking measures to strengthen bidding procedures and ensure the soundness of the companies it contracts with, it can be concluded that promoting practices that encourage the implementation of compliance programs is a policy that acts to prevent and enhance the fight against corruption in public-private relationships, specially when applied in the context of a bidding process.