Racionalidade tridimensional nas licitações e contratações públicas

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.

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Publication Details

Journal
A&C - Revista de Direito Administrativoe & Constitucional
Published
2024-12-20
DOI
https://doi.org/10.21056/aec.v24i98.1964
Primary Topic
Brazilian Legal Issues
Type
article
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article

Racionalidade tridimensional nas licitações e contratações públicas

Rafael Antonio Baldo
1 links
A&C - Revista de Direito Administrativoe & Constitucional
Brazilian Legal Issues
article

Racionalidade tridimensional nas licitações e contratações públicas

Rafael Antonio Baldo
article en

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.

A&C - Revista de Direito Administrativoe & ConstitucionalVol. 24(98)
Universidade de São Paulo (BR)
Openalex Percentile: Top 55%
Brazilian Legal Issues
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