GOVERNANCE AND THE NEW BRAZILIAN LAW ON PUBLIC BIDDING AND CONTRACTS: THE POTENTIAL LIMITATION OF COMPETITION UNDER DEBATE

Abstract

Contextualization: The new model of State, which is based more on the stereotype of a constitutional State, imposes an objective of not allowing any constitutional directive to be distorted by the Public Administration. Thus, a recent discussion has been raised among Brazilian academics, following the presentation by the new Law of Acquisition of Public Services and Products; Law 4.253/2020, already approved, which focuses on the requirement of governance by state suppliers, in the same way as is already required of private companies.

Objectives: This article aims to demonstrate how the concept of Public Administration is constantly changing in the face of the various state models adopted. Thus, a requirement such as governance by State suppliers cannot be considered inexcusable, especially in light of the principle of neutrality that should permeate the entire Public Administration.

Methodology: This is a dogmatic study using the dialectical-inductive method of discourse analysis, and content provided by the availability bibliography.

Result: This study discusses how, in the 21st Century any governance requirement that results in a restriction of competitiveness it is considered inconceivable. The assumption of a governance requirement, despite its compatibility with the transparency of the contracts of the century, can never result in a reduction in competitiveness between public providers. This new law should ensure that a certain certifi cate of governance can only be one that is already provided by the Public Administration itself, unless this requirement is imposed after the contractual agreement with the Administration.