On the effectiveness of the rules provided for in the new Brazilian Procurement Law (Law no 14,133/2021): analysis of PNCP, SRP, and "Registro Cadastral"

Abstract

The article investigates the question of the effectiveness of the rules in the new Brazilian procurement law, Law No 14.133/2021, with an emphasis on the analysis of the National Public Procurement Portal (PNCP), the Price Registry System (SRP) and the "Registro Cadastral". As it is a new legislation, which still raises doubts about its interpretation and application, coupled with the fact that it has many references to the need for regulation, there are several questions in the doctrine and in the exercise of public function about its effectiveness. Thus, it is intended to discuss whether the Law would already be fully effective while pending the implementation of the PNCP, as well as whether it would already be possible to use the SRP and the cadastral registration. For the realization of the article, the method of inductive approach is used, having descriptive and exploratory nature regarding the purposes and bibliographical as regards the means. In the end, it is concluded that with regard to bidding and consequent administrative contracts, while the PNCP is not in operation, Law No 14.133/2021 is not technically effective. In addition, even after the implementation of the PNCP, there are rules that still depend on regulation, as they are of limited effectiveness, such as those related to the Price Registry System. There are, however, other provisions that may be applied after the implementation of the PNCP, as they contain rules of contained effectiveness, such as the hypothesis provided in Article 70, II, of the new law.