The new procurement and contract law may introduce unprecedented legal uncertainty; read article

The Bolsonaro government, contrary to what good legislative practice provides for complex rules, has made incomplete and fragmented normative editions

If the provisions of article 193 of law n.º 14.133, of 2021, the new law on procurement and contracts (NLLC) are maintained, in a few weeks the entire direct, autarkic and foundational public administration, including the structures of the Union, all states, the Federal District and more than 5,500 municipalities, must migrate from a legal system that is almost 30 years old – Law No.

Adding to the difficulties of implementing new rules after so long, the government of Jair Bolsonarocontrary to good legislative practice for complex rules and sensitive areas, made normative editions incomplete and crumbling, with separate and disordered publications, instead of creating a single decree that dealt with all the articles that could be regulated by a single time.

Concerned about this situation, as the deadline for implementing the NLLC expires on April 1, states and municipalities have developed their own regulations, which means in practice that we will soon have hundreds or even thousands of regulations dealing with procurement and contracting in Brazil.

We are on the verge of creating an environment of legal uncertainty never seen before, even more so in an area of ​​such importance as public procurement.

At this point, the government of Lula da Silva put the popular “domestic brake” into practice, issuing a provisional provision that extends the period of validity of Law no.

Meanwhile, it is necessary for public bodies to create environments conducive to the study and understanding of the new law by their employees, instead of worrying about regulating it.

The new law on procurement and contracts has been under discussion for almost a decade and, if properly implemented, will represent a significant and necessary advance for the functioning of public policies in key areas such as health, education and social care. However, ignoring the warning could carry a high risk of paralyzing the public machine with unpredictable consequences.

*I am, respectively, lawyer, master in Public Policy and professor at the São Paulo School of Sociology and Politics Foundation (FESPSP); and specialist in process management and control in public administration

Source: Terra

Rose

Rose James is a Gossipify movie and series reviewer known for her in-depth analysis and unique perspective on the latest releases. With a background in film studies, she provides engaging and informative reviews, and keeps readers up to date with industry trends and emerging talents.