The impacts of Law No. 14,133/2021 on public procurement governance: a comparative analysis with the TCU basic governance reference

Abstract

This study is set in the context of the modernization of public procurement in Brazil, marked by the enactment of Law No. 14,133/2021, which aims to improve governance, efficiency, and transparency in the management of public resources. The theoretical framework of the research is Agency Theory, which explains the conflicts of interest between public managers (agents) and society (principal), highlighting the importance of governance mechanisms to reduce information asymmetries, agency costs, and contractual risks. Thus, this study proposes to analyze the impacts of Law No. 14,133/2021 on the governance of public procurement in Brazil. This is an exploratory study, with a bibliographic and survey approach, aimed at analyzing theories, regulations, and publications, using a qualitative methodology with a descriptive focus. The research presents, in condensed form, the evolution of corporate and public governance and provides concepts and principles on the subject. The findings show that the new legal regime presents several mechanisms that promote significant advances in the governance of public procurement. The research highlights the novelties of the New Law with regard to governance in public procurement, comparing it with the TCU's Basic Governance Reference framework in aspects such as: the principle of planning, segregation of duties, integrity policies, inclusion of the responsibility matrix, the training plan, risk management, the need to prepare an Annual Procurement Plan (PCA), and alignment between procurement, strategic planning, and budget laws, among others. Thus, these innovations offer better control and planning mechanisms for public spending.