Aspectos Gerais do Procedimento de Contratação Direta à Luz da Lei Federal nº 14.133/2021

Abstract

As a rule, public contracts are carried out through the bidding process. In situations where such a procedure is unfeasible or not the best option for the satisfaction of public interest, bidding becomes non-mandatory, and the direct contracting procedure is applied. Despite the notion of a rule (bidding) and exception (direct contracting), an analysis of public sector purchases in our country reveals that the direct contracting procedure is far from being an exception, accounting for the majority of purchases when compared to bidding modalities. This scenario underscores the importance of studying such a procedure, as well as its increased regulation, which was deepened by Federal Law nº 14.133/2021 in relation to the previous norm. Even though the procedure is more regulated, with minimum requirements to be observed by public agents, it is inherent to the concept of direct contracting that the procedure be simplified and less rigid than the bidding process. Due to such flexibility, the adherence to legal principles governing public contracts gains special importance when applying this procedure. Legal principles provide public agents with guidelines to ensure that the direct contracting procedure is applied in a legal, valid, and equitable manner, guaranteeing the best contract for the Administration.