A modalidade do diálogo competitivo e o desenvolvimento de políticas públicas na infraestrutura rodoviária

Abstract

The changes in bidding contracts arising from the new Law 14.133/2021 and its possible contribution to the solution of legal impasses in the development of public policies in road infrastructure with the potential use of competitive dialogue to solve these impasses. The work presents the administrative law, the theory on Administrative Contracts, Bidding, Crimes committed in bidding, Analysis of Law 8.987/1995, Analysis of Law 8.666/1993 in relation to Law 14.133/2021, Analysis of Competitive Dialogue, and the presentation of the theory on Road Infrastructure. Analysis if the competitive dialogue regarding the new Bidding Law contributes to improve the negotiations between the public administration and the private sector. This research has as importance to remove the doubts if when making the Laws the Legislative Power is in tune with the reality and the necessity of the negotiations between the companies and the Executive Power. In Administrative Law, the contracts for infrastructure works, the public administration must obey the Bidding Law in order to contract by the lowest price, with better technique and better quality, and according to the competitive dialogue of Law 14.133/21 this modality will contribute to the negotiations between the private sector and the public sector, but there is still a long way to go before small companies can also participate in bidding competitions because of the great demands for economic and financial contributions and the bureaucracy required by law. Law 14.133/21, which also deals with administrative contracts, will replace Law 8.666/93 as of March 31, 2023. The methodology applied to this work is a bibliographical research taken from books, scientific articles, the Federal Constitution, and specific Laws of Administrative Law. [resumo fornecido pelo autor]