O uso da tecnologia blockchain no âmbito das licitações públicas

Abstract

The brazilian government has been facing major challenges in terms of ensuring transparency and, at the same time, efficiency in public procurement processes. Brazil, currently ranked 96th in the Corruption Perception Index (CPI), seeks to gain society's trust, amid an undeniable history of corruption, which is one of the greatest obstacles to national economic development. The Brazilian effort to improve efficiency and transparency in public tenders is evident in the enactment of Law n. 14.133/2021, which, among its innovations, in addition to expanding the list of expressed principles, implemented the National Public Procurement Portal (PNCP). The adoption of new technologies in the public sector, driven by the Digital Government Strategy, is one of the ways to redefine social trust. In this sense, this study presents a legal analysis on the use of a new technology, blockchain, one of the revolutionary phenomena of Industry 4.0, as a potential tool for Brazilian bids. Would the blockchain be a viable technology to record the acts that make up the bidding processes and, thus, serve as an anti-corruption control mechanism? The work is based on the hypothesis of integrating blockchain into public procurement processes, as a way to ensure greater transparency in tenders and, consequently, redefine the confidence of those administered in the processes for carrying out public expenditures. Thus, based on exploratory research, under the hypothetical - deductive method, the objective of the work is to demonstrate the legal feasibility of using blockchain technology in the context of public tenders, and, for this purpose, in addition to presenting studies on the technology, developed nationally and internationally, as well as ongoing initiatives in Brazil for its governmental use, the work proposes the integration between the Blockchain Brazil Network (RBB), under development from an initiative of the Federal Court of Auditors (TCU) with the National Bank of Sustainable Economic Development (BNDES), and the National Public Procurement Portal (PNCP), whose viability is demonstrated, especially, by the presentation of the interrelationship between the guiding principles of public tenders and the operating pillars of blockchain technology.