Nova lei de licitações e programas de integridade: análise de riscos e diretrizes para elaboração do compliance licitatório empresarial

Abstract

Over the years, the public bidding process has evolved, so that, recently, the new Bidding Law nº 14.133/2021 was enacted. The Law demonstrates the appreciation of integrity programs, also known as compliance programs, so that companies that have the program have priority in public bidding. This occurs, given that these programs increase the propensity of employees to act ethically and in compliance with both the company's internal and external rules, such as different laws and regulations. From this approximation, this study aimed to identify and analyze the risks to which companies participating in public procurement are exposed and, from then on, verify the guidelines capable of mitigating them through the relationship between the pillars of compliance and the principles bidders and public contracts, a relationship that can help companies develop a bidding bias compliance program. Therefore, the definition of compliance programs was presented, as well as their pillars and macro pillars. Then, the main innovations brought by the new Bidding Law were listed, mainly regarding the requirement to adopt integrity programs for companies participating in public procurement. From this, the guiding principles of the new Law were listed, which were intertwined with the pillars of compliance, presenting a new perspective for both literature and practice, which can help managers of private companies to build or reformulate their compliance programs to participate in public tenders. The research uses the dialectical approach method with investigation in indirect documentation and bibliographic reference. Finally, it was concluded that the practical guidelines obtained at the end of the research can contribute to the guidance of participating companies in public procurement processes, especially in the elaboration and development of compliance programs aimed at meeting the new Bidding Law nº 14.133/2021 and treatment of bidding risks.