A RESPONSABILIDADE DOS AGENTES PÚBLICOS NAS LICITAÇÕES

Abstract

The Public Administration must value the well-being of the people and one of the fundamental activities to achieve this is the contracting of services and the acquisition of consumable and permanent materials, through bidding process. that must comply with constitutional principles, current legislation and the explicit and implicit principles of public administration in order to prevent unethical practices and ensure that the process is conducted in a transparent and equal manner. In this context, the present study aims to compare the duties, responsibilities and possibilities of holding the contracting agent, the auctioneer and the legal reviewer responsability in the bidding process, in addition to analyzing the penalties applicable to each one in case of damage to the public treasury, in light of the Law 14.133/2021, compared to Law 8.666/1993. The research was developed through a bibliographical review, based on legislation, doctrine and jurisprudence from the TCU and the STF. It was concluded that the new legislation attributes greater responsibility to the agents, improve the bidding process and promoting more efficient management of public resources.