O regime emergencial de contratações públicas como medida de enfrentamento á pandemia da covid-19 no Brasil.

Abstract

The Bidding is a mandatory instrument for the selection of the most advantageous proposal for Administration, when it wishes to enter into a contract with a private individual. The COVID-19 pandemic caused significant impacts worldwide, demanding from the Government, swift and efficient solutions, especially in the field of administrative contracts. In turn, Law No. 13,979 / 2020 was enacted, which provides for measures to combat the ESPII, especially with regard to public procurement procedures aimed at combating COVID19. It is a descriptive study, carried out through a bibliographic search and through the deductive approach method and the comparative procedure method. To answer the problem, it was necessary to make an analysis of the provisional law pertinent to public contracts, instituted to face the Coronavirus pandemic. A comparative approach was carried out between the normal and the emergency regime to demonstrate which changes were made. However, it was found that with the introduction of procedural simplification measures, the choice for contracting through Bidding Waiver, presents itself as necessary to serve the public interest. In addition, the contracts processed in the Auction mode became faster and more efficient, due to the reduction of the terms in half, as well as the measure of consideration of the return effect in its appeal phase. Therefore, it was demonstrated that the legislative changes instituted by Law No. 13,979 / 2020, represent benefits for the Public Administration, since they provide greater speed and simplicity to the bidding processes aimed at facing the pandemic of COVID-19.