THE NEW PUBLIC PROCUREMENT AND CONTRACTS LAW: ADVANCES AND GAPS IN COMBATING CORRUPTION

Abstract

The enactment of Law No. 14,133/2021, known as the New Law on Public Procurement and Administrative Contracts, marked a significant step forward in modernizing the regulations governing public procurement in Brazil. Replacing the previous legal framework (Laws No. 8,666/1993, No. 10,520/2002, and provisions of the RDC Law), this legislation establishes new principles and guidelines aimed at ensuring greater efficiency, cost-effectiveness, governance, and integrity in procurement processes. This article analyzes the main advances introduced by the new legislation in combating corruption, highlighting mechanisms such as the expansion of active and passive transparency, the requirement for integrity programs in companies contracted for large-scale works, the obligation of detailed prior planning, and the adoption of risk matrices in contracts. The segregation of duties and stricter regulation of administrative and criminal sanctions are also discussed as tools that enhance accountability and reduce vulnerability to illicit practices. In addition, persistent gaps and challenges are explored, such as the lack of uniform technical training criteria for public agents, the limited scope of integrity mechanisms for smaller contracts, difficulties in implementing the National Public Procurement Portal (PNCP) nationwide, and the risks related to the outsourcing of services. The analysis is grounded in academic sources, institutional documents, and regulatory frameworks, aiming to contribute to the debate on the effectiveness of the new law in strengthening mechanisms for the prevention and fight against corruption in Brazilian public procurement, in light of the principles of public administration and modern public governance.