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In brief

On 1 April 2021, Law nº 14,133/2021 or the New Public Procurement General Law (“New Public Procurement Law“) was published, substituting Law nº 8,666/1993. The Brazilian president, however, has vetoed 26 items of the bill approved by the National Congress.


In more detail

After much anticipation, the New Public Procurement Law was published, substituting Law nº 8,666/1993. This new law is applicable to public entities in the federal, state and municipal levels. State-controlled companies, however, are only reached by the new definitions of crimes related to public procurement since they are subject to a specific legal regime set forth by Law n º13,303/2016.

The New Public Procurement Law updates concepts used in the previous norm from 1993, integrating rules and mechanisms created by specific legislation as well as consolidated case law by the Judicial Branch and control entities (such as Accounts Courts). The New Public Procurement Law also brings a series of new relevant rules that must be followed by the Public Administration and private parties.

For the next two years, entities of the Public Administration will be able to choose to conduct procurement procedures (either direct hiring or public tenders) based on either the New Public Procurement Law or on Law nº 8,666/1993. The same law used in the procurement procedure must rule contracts.

The Brazilian president vetoed 26 items approved by the Legislative Branch. The National Congress will now conduct further analysis and may strike down such vetoes.

Our Public Law team will conduct events to discuss the most relevant topics in the New Public Procurement Law and is also available for individual discussions (including on specific themes) and/or further clarifications on the subject.

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Author

His area of expertise is Public Law, Government Affairs and Regulatory, with focus on consultancy matters. Mr. Frizzo is recognized by Chambers & Partners as a leading Individual in Public Law. He elaborates legal opinions and responds to consultations on the areas of expertise, including public tenders and contracts with the government, concession and public-private partnership contracts. Has experience in complex negotiations with the government and in the alignment of strategies to meet the local content requirements in public tenders. Assist clients in the regulatory area, especially pharmaceutical, medical devices and health areas. Also acts in procurements in the defense area, including the negotiation of offset arrangements. He is a speaker in events related to compliance in contracts with the government and regulatory.

Author

Heloisa Uelze is a partner at Trench Rossi Watanabe (in cooperation with Baker McKenzie) in São Paulo, Brazil.

Author

Jose Roberto Martins is a Principal in Baker McKenzie's Rio de Janeiro office.

Author

Danielle Valois is a Principal in Baker McKenzie's Rio de Janeiro office.

Author

Bruno Corrêa Burini joined the Firm in 2013 and became partner in 2018. He is the responsible for the Brasília Office and coordinates the Public Law litigation practice group, with focus on bids, concessions, regulated markets, competition law and compliance / improbity / anti-corruption issues, with extensive experience in Superior Courts. Mr. Burini has a wide breadth of experience in the government relations group acting before the Executive and Legislative Powers, in addition to contributing to the Tax Law Group. He was, for 5 years, advisor to the Minister of the Superior Court of Justice (Public Law session) and advisor to the Presidency of CADE (The Administrative Council for Economic Defense).