Compliance e integridade na nova Lei de Licitações: análise do diálogo competitivo como instrumento de eficiência e transparência nas contratações públicas

Abstract

The present article aims to analyze the role of compliance and integrity in the context of the New Brazilian Bidding Law (Law No. 14,133/2021), highlighting the achievements and challenges faced for the effective implementation of these practices. To do so, we will address conceptual aspects related to compliance and integrity, as well as the analysis of the main changes brought about by competitive dialogue and its integration into the public procurement environment. Next, we will examine the key provisions of the New Public Procurement Law that deal with the subject, identifying advancements compared to the previous legislation. In this context, it becomes essential to analyze competitive dialogue, considering the requirements of compliance and integrity outlined in the New Bidding Law. Furthermore, it will be important to discuss the significance of integrity in public procurement, emphasizing the benefits of establishing an organizational culture based on ethics and transparency. We will also discuss the challenges faced in the implementation of public procurement, such as raising awareness and training of the involved agents, fostering an organizational culture centered on ethics and integrity, aligning internal processes within companies, and effectively supervising and monitoring these practices with the aim of assessing competitive dialogue as a tool for efficiency and transparency in public procurement. In the end, it was found that the New Bidding Law had established a legal basis to promote integrity and compliance in public procurement, including competitive dialogue as an instrument of efficiency and transparency, which does not, however, exclude the importance of an ongoing effort to overcome practical obstacles in effectively implementing these practices.