Lei de Licitações e Contratos Administrativos (Lei 14,133/2021)
Law No. 14,133 of 2021 (Nova Lei de Licitações) replaced the previous procurement law (Law 8,666/1993) and governs public procurement and administrative contracts in Brazil. The law introduced significant reforms to modernize the procurement process, including the introduction of the dialogue competitive procedure (diálogo competitivo), the innovation partnership (parceria para inovação), and enhanced digital procurement platforms. It applies to all entities of the federal public administration, including states and municipalities, and governs the selection of contractors through competitive bidding processes.
Legal area: Administrative law governs the organization, powers, and accountability of government institutions and public administration.
Year enacted: 2021
Full text: https://www.planalto.gov.br/ccivil_03/leis/Lei/L14133.htm
Key Provisions
- Art. 6: Legal principles of procurement (publicity, competition, morality)
- Art. 28-33: Procurement procedures (pregão, concorrência, leilão)
- Art. 32: Dialogue competitive procedure (diálogo competitivo)
- Art. 43: Innovation partnership (parceria para inovação)
- Art. 55: Essential clauses in administrative contracts
- Art. 155: Administrative liability (responsabilização administrativa)
- Art. 163: Administrative contracts of low value (dispensa de licitação)
Significance
The 2021 procurement law represented a comprehensive overhaul of Brazil’s public procurement framework after 28 years under the previous law. It introduced new procurement methods, expanded the use of electronic platforms, and strengthened anti-corruption measures. The law has been praised for promoting efficiency and transparency but criticized for its complexity and the challenges of implementation across Brazil’s diverse government entities.