HIRING LAWYERS THROUGH NON-COMPETITIVE BIDDING UNDER THE NEW BIDDING LAW N. ° 14.133/2021

Abstract

THE THEME OF THIS ARTICLE IS THE (IM)POSSIBILITY OF DIRECT HIRING OF LAWYERS BY THE PUBLIC ADMINISTRATION UNDER THE NEW PUBLIC PROCUREMENT LAW. THE JUSTIFICATION FOR THIS RESEARCH IS THE EMERGENCE OF DOUBTS REGARDING THE (IM)POSSIBILITY OF DIRECT HIRING OF LAWYERS BY THE PUBLIC ADMINISTRATION IN CASES WHERE THERE IS NO UNIQUENESS OF SERVICES UNDER THE APPLICATION OF THE NEW PUBLIC PROCUREMENT LAW. THE GENERAL OBJECTIVE OF THE RESEARCH IS TO ANALYZE THE (IM)POSSIBILITY OF HIRING LAWYERS BY THE PUBLIC ADMINISTRATION, APPLYING LAW NO. 14,133/2021. THE SPECIFIC OBJECTIVES ARE: TO ANALYZE THE HISTORICAL AND LEGISLATIVE EVOLUTION OF PUBLIC PROCUREMENT; TO UNDERSTAND CONCEPTS AND PRINCIPLES APPLICABLE TO PROCUREMENT IN BRAZIL, AND TO VERIFY THE (IM)POSSIBILITY OF DIRECT HIRING OF LAWYERS BY THE PUBLIC ADMINISTRATION IN CASES WHERE THERE IS NO UNIQUENESS OF SERVICES. THE RESEARCH TYPE IS DESCRIPTIVE AND QUALITATIVE, AND THE RESEARCH METHODOLOGY CONSISTS OF THE DEDUCTIVE METHOD THROUGH BIBLIOGRAPHIC REVIEW OF BOOKS, SCIENTIFIC ARTICLES, DOCTRINES, AND SECONDARY DOCUMENTARY ANALYSIS WITH RESEARCH IN THE FEDERAL CONSTITUTION OF 1988, CURRENT LAWS, AND JURISPRUDENCE. THE MAIN RESULTS OBTAINED DEMONSTRATED THAT CONTRACTS EXECUTED UNDER LAW NO. 8,666/1993 ARE POSSIBLE, PROVIDED THAT THE REQUIREMENTS DEMANDED BY THE FEDERAL COURT OF ACCOUNTS ARE MET, REQUIRING NOTORIOUS SPECIALIZATION AND UNIQUENESS, DESPITE THE FACT THAT THE FEDERAL SUPREME COURT HAS NOT YET ISSUED A DEFINITIVE DECISION IN DECLARATORY ACTION OF CONSTITUTIONALITY 45. CONTRACTS UNDER LAW NO. 14,133/2021 ARE LEGALLY POSSIBLE, EXCLUDING THE REQUIREMENT OF UNIQUENESS. IT IS CONCLUDED THAT THE DIRECT HIRING OF LAWYERS BY THE PUBLIC ADMINISTRATION IS POSSIBLE, INCLUDING WITHOUT UNIQUENESS OF THE OBJECT.