O processo de licitação na Lei 14.133/2021: análise das limitações ao tratamento diferenciado das microempresas e empresas de pequeno porte.

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.