A sustentabilidade nas licitações e contratos municipais : limites e possibilidades frente à nova lei de licitações.

Abstract

The theme of this dissertation is sustainability and municipal public procurement in the face of Federal Law No. 14.131/2021 - the new Bidding and Contracts Law (NLLC). The aim is to analyze the sustainability of municipal contracts in light of the innovations brought about by the new Bidding Law and the implementation of the principle of sustainability in local management, based on an empirical analysis of the bids carried out in the municipalities of Rio Grande do Sul, Brazil, between April 1, 2021 and October 1, 2023, based on predefined parameters taken from the NLLC itself. The research problem can be seen in the following question: based on the research carried out on the National Procurement Portal, between the periods April 2021 to October 2023, is it possible to say that the municipalities covered by the research are applying sustainable public procurement based on the guidelines of the new Procurement Law? The main premise, negative, indicates that, according to the parameters analyzed, the municipalities covered in the research are not applying sustainable public procurement based on the guidelines of the NLLC. In order to answer the research problem, three specific objectives were adopted, which correspond to the second, third and fourth chapters. The second chapter explores the treatment of multidimensional sustainability in the Brazilian legal system. In the third chapter, we look specifically at the Brazilian bidding system, specifically in the light of Federal Law 14.133/2021. The main objective of the fourth chapter is to explore how public procurement can be configured as an effective tool for promoting sustainability at the local level, based on an empirical analysis of public tenders in the state of Rio Grande do Sul, carried out under the aegis of Federal Law No. 14,133/2021. This work is linked to the line of research Public Policies for Social Inclusion, since its central theme is the articulation of public policies for the realization of the principle of sustainability in local management. By analyzing the promotion of sustainability at the local level and the role of the municipality as an agent for inducing local sustainable development, it is in direct dialogue with the current research project of the supervising professor, Dr. Ricardo Hermany, entitled "The potential of cooperative federalism in the face of the asymmetries of Brazilian local power - Stage II". The research will use a hypothetical-deductive approach, drawing on doctrinal and analytical research. The conclusion is that the application of sustainable public procurement, in accordance with the new Bidding Law, still faces significant challenges in the municipalities of Rio Grande do Sul. The research reveals the need for continuous and coordinated efforts to turn sustainable procurement into a concrete reality in all spheres of government, in order to achieve the goals of truly sustainable public management.