SILVA, J. E. S.; SILVA, Jessica Evelyn Souza.
Abstract:
This work deals with the limitations applied by Law No. 14.133/2021, the new
law on tenders and contracts (NLLC), to the granting of simplified and
differentiated treatment of Micro and Small Businesses in Public Tenders
implemented by Complementary Law 123/2006. In a preliminary way, exposing
general notions of bidding, applicability and guidelines for the validity and
transition of the new regime, as well as general principles and modalities in the
new standard, in addition to exploring the two regulations, verifying their
purposes, concepts and legal mechanisms, describing the aspects of the
constitutional public policy, provided for in articles 170, item IX and 179 of the
Federal Constitution of 1988, as well as the contemplation of the principle of
isonomy in the protection of preemptive rights, demonstrating the economic and
social function of smaller entities. Given the above, the work aims to analyze
the differentiated treatment provided for ME and EPP from the limitations
imposed by Law 14.133/2021 NLLC,
in accordance with the guidelines that will
be given by the new order in reducing the use of privileges in purchases public,
given the importance of micro and small companies in the economic and social
scenario. Elucidating the following issue: assuming that the preemptive right is
constitutionally celebrated with a view to encouraging and supporting small
businesses, is it possible that the restrictions determined by the New Bidding
Law are appropriate for ME and EPP? The present work is an exploratory
research with a qualitative approach, using the technical procedure of
bibliographical and documental research, from predefined legal diplomas, using
specialized doctrine, books and articles. As for nature, it is classified as basic,
seeking to generate knowledge useful to the community, based on the
deductive method.
