O impacto da Lei nº 14.133/2021 na concretização da carreira de advogados públicos nos municípios brasileiros
Year: 2024
Type: article
Abstract: The paper aims to analyze the mandatory creation of public lawyer positions in view of the absence of a constitutional provision for municipal public law, the provisions of Law no. 14.133/2021 and the jurisprudence of the STF. The research question consists of: should Brazilian municipalities create permanent positions of public lawyers to comply with the commands of the new Public Procurement Law? The study is classified, in terms of objectives, as theoretical-exploratory research with a qualitative approach and, in terms of research instruments, in bibliographic and documentary research, using deductive and analytical methods for analysis and interpretation of information. In accordance with the constitutional principles and the jurisprudence of the STF, the activities of legal advice and consultancy and judicial representation are incompatible with the position on a commission and exclusive to permanent public lawyers. Law no. 14.133/2021 strengthened the professionalization of Public Administration management and staff and expanded the responsibilities of legal advisory bodies, requiring the effective participation and intervention of lawyers in public contracts. Therefore, Brazilian municipalities that do not have effective public lawyer positions must create and provide them to comply with the commands of the new Tender Law, art. 37, II, of CF/88 and the thesis established in RE no. 1.041.210/SP, regardless of whether they have public advocacy bodies.
Institution: Governo do Estado de Mato Grosso
Language: English
Topic: Brazilian Legal Issues
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4404593737