Abrangência da sanção de impedimento de licitar e contratar prevista na nova lei de licitações e seus efeitos nos casos de contratação direta

Scope of the sanction of prohibition from bidding and contracting provided for in the new bidding law and its effects in cases of direct contracting

Abstract

Law nº 14.133/21 now governs the general bidding and contracting rules for direct, autonomous and foundational Public Administrations of the Union, States, Federal District and Municipalities. In view of this new legal diploma, the general objective of this study is to verify the scope of the sanction of impediment to bidding and contracting provided for in art. 156, III, of Law nº 14.133/21 and its effects in cases of direct hiring. To achieve this, this study adopted the methodological procedure of qualitative research, with a descriptive and exploratory characteristic, with analysis of Laws, doctrines and jurisprudence of the Federal Audit Court – TCU and the Superior Court of Justice – STJ. The results indicate that the scope of the effects of the sanction of impediment to bid under the new Law, according to doctrine, is restricted to the bodies of the federative entity that has applied the sanction, and by comparing the current TCU on the effects of the sanction of art. 7 of Law nº 10.520/02, will possibly also align its judgments with the doctrinal understanding. The provision of this sanction, also applicable to direct contracting, increased the rigor of the previously foreseen penalty, reinforcing the restraint on the practice of administrative infractions by the contractor.