A RESPONSABILIDADE DA ALTA GESTÃO DA ADMINISTRAÇÃO PÚBLICA À LUZ DA LEI Nº 14.133/2021 (NOVA LEI DE LICITAÇÕES)

Abstract

The Law N. 14,133/2021 (New Bidding Law) inaugurated a new moment in public administration as it brought several innovations that were not seen in previous legislation, with greater emphasis on the issue of governance and creation of procedures that seek to provide effectiveness the integrity of public procurement. Meanwhile, like all legislation with an innovative bias, some institutes end up envying a subjectivism that makes it difficult to understand, based on the legislation as a whole, the “will of the legislator”. It is a fact that senior management, so-called executive managers of public bodies, have been established a series of duties, as noted in arts. 7th, 11, sole paragraph, 19 and others of Law no. 14,133/2021. However, the legislation was silent regarding the liability of such public agents in the case of the practice of defective acts by other agents subject to their management. From this perspective, the present study aims to unveil, in light of the legislation and the existing controlled case, the responsibility of the public administration senior management agent in the case of defective acts carried out by other agents subject to their management. To this end, the deductive method will be used, supported by bibliographical research carried out in books, magazines, legislation and contracts.