NOVA LEI DE LICITAÇÕES E CONTRATOS ADMINISTRATIVOS - Resumo da Lei 14.133/2021 para Concursos

Summary

In this video, Cíntia Brunelli explains the key updates brought by Brazil's new public procurement law, Law 14.133/2021, which replaces the older Law 8.666/1993. The new law introduces changes in bidding processes, including the introduction of the competitive dialogue modality and the elimination of the invitation and price-taking procedures. It also updates criteria for proposal evaluations, such as the introduction of 'greater economic return' and 'better artistic content'. The video covers essential details, offering insight into how the law aims to streamline, modernize, and enhance public procurement processes while ensuring fairness and transparency.

Takeaways

• 😀 The new law, Lei 14.133 of 2021, replaces the older Lei 866 of 1993, regulating public administration procurement processes.
• 😀 Lei 14.133 introduces a more agile and efficient system for public procurement, with the aim of ensuring fairness and transparency in government contracts.
• 😀 The new law applies to all federal, state, municipal, and district administrations, and is essential for public service exams.
• 😀 The previous procurement laws (Lei 866, Lei 10.520, and Lei 12.462) are being phased out, but their effects still apply until April 2023.
• 😀 Key changes under Lei 14.133 include the introduction of the 'competitive dialogue' and the elimination of 'invitation' and 'price-taking' modalities.
• 😀 The new procurement modalities are: 'Pregão', 'Competition', 'Contest', 'Auction', and the newly introduced 'Competitive Dialogue'.
• 😀 'Pregão' is now mandatory for purchasing common goods or services, excluding those related to engineering.
• 😀 The 'Competitive Dialogue' allows for more complex procurement processes, where suppliers collaborate to find the best solution before submitting their final bids.
• 😀 New evaluation criteria include 'Best Discount', 'Best Technique or Artistic Content', and 'Best Economic Return', which add flexibility to the decision-making process.
• 😀 The revised procurement phases now follow a sequence of: Preparatory Phase, Disclosure of the Notice, Proposal and Bids, Evaluation, Qualification, Appeals, and Final Approval.

Q & A

What is the purpose of Lei 14.133 de 2021?

Lei 14.133 de 2021 was enacted to modernize and streamline public procurement processes, replacing the outdated Lei 866 de 1993. Its goal is to ensure fair, efficient, and transparent public contracting in Brazil.

Which law does Lei 14.133 de 2021 replace?

Lei 14.133 de 2021 replaces Lei 866 de 1993, the previous public procurement law in Brazil.

What are the key changes introduced by Lei 14.133 de 2021?

Key changes include the introduction of new procurement modalities like 'diálogo competitivo,' the abolition of the 'convite' and 'tomada de preço' modalities, and the establishment of new criteria for evaluating proposals.

What is the 'diálogo competitivo' modality, and when is it used?

The 'diálogo competitivo' is a new modality designed for complex procurement situations requiring innovative solutions. It involves dialogues between selected bidders to develop final proposals that meet the public administration's needs.

Which procurement modalities were abolished by the new law?

The 'convite' and 'tomada de preço' procurement modalities were abolished under Lei 14.133 de 2021.

What are the new criteria for evaluating procurement proposals?

The new criteria include 'maior desconto' (highest discount), 'melhor técnica ou conteúdo artístico' (best technical or artistic content), and 'maior retorno econômico' (highest economic return), in addition to traditional criteria like 'menor preço' (lowest price) and 'técnica e preço' (technical and price).

How does the 'maior retorno econômico' criterion work?

The 'maior retorno econômico' criterion is used exclusively for efficiency contracts, where the goal is to achieve the highest economic return for the public administration, with remuneration linked to the contract's efficiency.

What changes were made to the phases of the procurement process under the new law?

The new law introduces a change in the order of procurement phases. Unlike the previous system, where qualification came before proposal evaluation, the new system follows a model similar to the 'pregão,' where the judgment of proposals occurs before the qualification phase, with an additional resource phase.

What are the main phases of the procurement process under Lei 14.133 de 2021?

The main phases include preparation, disclosure of the public notice, proposal presentation, judgment, qualification, reconsideration, and finally, homologation.

What advice does Cíntia Brunelli give for studying law and public procurement?

Cíntia suggests reinforcing foundational knowledge in law to improve learning speed and comprehension. She recommends reviewing basic concepts to ensure solid understanding before moving on to more complex topics. Additionally, she suggests using resources like the 'primeiros passos no direito' course to strengthen your foundation.