A nova lei de licitações: análise do estudo técnico preliminar como pilar estratégico para contratações públicas eficientes

Abstract

Federal Law No. 14,133/2021, enacted on April 1, 2021, replaced Law No. 8,666/1993, introducing general rules for public procurement and contracting to enhance efficiency and transparency in public administration. One of the main advancements of this legislation is the mandatory Preliminary Technical Study (ETP) as the initial stage of bidding processes. The ETP aims to assess the necessity of the procurement, propose feasible alternatives, verify the technical and economic feasibility of options, anticipate potential issues during contract execution, and suggest ways to mitigate them. This study highlights the importance of the ETP by analyzing the difficulties and challenges faced by public agencies in its preparation. Topics such as procurement planning, the distinction between internal and external bidding phases, and obstacles to meeting legal requirements were addressed. The research included a literature review with contributions from experts such as Nester and Savaris (2021), Rodrigues (2021), and Costa and Santos (2022), as well as case law from the Federal Court of Accounts (TCU). Additionally, empirical research was conducted in a municipality of approximately 42,000 inhabitants, revealing challenges such as a lack of technical training and superficial approaches to the ETP. It is concluded that the ETP must be treated as a strategic tool, requiring technical rigor and continuous training of public agents to ensure procurements align with the actual demands of public administration.