A NOVA LEI DE LICITAÇÕES – LEI 14.133/21 – E SUA CONVIVÊNCIA COM AS REGRAS LICITATÓRIAS ANTERIORES

Abstract

The entry of a new norm into the national legal system is always surrounded by apprehension on the part of administrators and law enforcers, especially when this wording has been bringing general directions on a given subject and replacing previous norms. This peculiar situation was what we found with Law number 14,133/21 – Law of Administrative Tenders and Contracts, which came to replace previous laws such as Law number 8,666/93 - which deals with general rules for public bidding and contracting -, Law number 10,520/02 - which deals with general rules for the Auction bidding modality -, and Law number 12,462/11, which deals with the differentiated regime of public procurement. The question, following the legal norms, presents interesting contours to citizens and law enforcers, since Law number 14.133/21 started to take effect on the date of its publication, expressly indicating that the previous laws would also be producing effects for the period two years after the publication of this Law, also indicating that the bidding procedures used by the previous law would be being achieved by the new sanctions introduced by the new rule. Bibliographic research was carried out to verify the moments in which the norms start to produce effects, it was found that although both wordings are of application provided by the server during the bidding procedure, the articles related to sanctions must comply with the new text. Certainly, the innovation and creativity of the legislator were the elements that motivated the preparation of the present work, as well as the effects that such innovations can produce in the legal world.