Year: 2024
Type: article
Abstract: This article aims to highlight the possibility of analyzing the rules and principles that govern the legal frame of public bidding and contracting from the bias of the three-dimensional rationality, considering the legality imposed by the State, the economy required by the Market and the legitimacy claimed by the Society. To this end, the deductive method will be adopted to approach the topic through bibliographical research and legislative interpretation. In the first part, the work will underscore the changes that Public Administration has been facing due to the crisis of formal legality, the gradual opening of the State and the politicization of administrative action. In the second part, the article will investigate the consequences of these transformations in the Law n. 14.133/2021, with emphasis on the procedural guarantees that protect the bidding process based on isonomic and competitive features, on the management strategies that help global and individual planning of public contracts and, finally, on to the mechanisms aimed at promoting purposes and values recognized by Brazilian law, such as technological innovation, sustainable national development and human dignity.
Author: Rafael Antonio Baldo
Institution: Universidade de São Paulo
Language: English
Subfield: Strategy and Management
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4405655794