COMPARATIVE STUDY: NEW LAW ON ADMINISTRATIVE BIDDING AND CONTRACTS N° 14.133/21 AND OLD LAW N° 8.666/93

Abstract

ABSTRACT

All transformation is driven by the need for adjustments and adaptations. The Federal Constitution of 1988, in Article 37, Section XXI, established the foundations for the rules governing public procurement and contracts, which were formally regulated in 1993 by Law No. 8,666. However, new challenges emerged over time, necessitating a normative update and resulting in the creation of the New Law on Procurement and Administrative Contracts No. 14,133. This law aims to compare the two legislations in the context of public procurement. Between the enactment of the old law and the implementation of the new legal framework, various laws and regulations were introduced, contributing to the formation of Law No. 14,133/2021. Advances in sustainable development are highlighted, but significant challenges are also faced, partly due to frequent government transitions in Brazil since the end of the dictatorship. There is a need to balance transparency, sustainability, and efficiency in public procurement, requiring engagement from both managers and society to address social, environmental, and economic issues. Understanding the changes between Law No. 8,666/1993 and the New Law on Procurement and Administrative Contracts is crucial for guiding public procurement processes and ensuring that managers adequately meet societal needs. Despite the challenges, the new legislation aims to improve the process by incorporating principles such as sustainable development and transparency and establishing a regulatory framework more suited to contemporary demands.