THE EFFECTIVENESS OF LAW Nº 14.133/2021 IN COMBATING CORRUPTION IN PUBLIC PROCUREMENT: GOVERNANCE, TRANSPARENCY, AND CONTROL AS STRUCTURAL MECHANISMS

Abstract

This study analyzes the effectiveness of Law n.º 14.133/2021 in combating corruption in public procurement, focusing on the governance, transparency, and control mechanisms established by the new legal framework. It is based on the understanding that public procurement involves a high volume of financial resources and is therefore particularly vulnerable to fraud and corrupt practices. In this context, the new Public Procurement Law seeks to overcome the traditional excessively formalistic model by incorporating mechanisms aimed at preventing irregularities, managing risks, and strengthening active transparency. The general objective of the research is to analyze the capacity of the transparency and control mechanisms provided for in Law n.º 14.133/2021 to reduce risks of fraud and corruption in public procurement. The specific objectives are to examine the evolution of the legal framework of public procurement in Brazil; identify the main types of fraud and their structural causes; analyze the transparency, governance, and integrity instruments introduced by the new legislation; and evaluate the performance of internal, external, and social control systems in supervising public procurement. The research adopts a qualitative approach, using the deductive method, based on bibliographic review and normative analysis. It is concluded that Law n.º 14,133/2021 represents a relevant advance by prioritizing preventive mechanisms; however, its effectiveness depends on the institutional capacity of Public Administration, the integration of control bodies, and the consolidation of administrative practices guided by ethics, transparency, and efficiency.