Simplificação nas compras públicas das empresas estataisuma proposta legislativa a partir da análise comparativa de regimes jurídicos mais recentes

Resumo

Since the enactment of Law No. 13,303/2016 (State-Owned Enterprises Law), which established the legal framework for public bidding and contracts by state-owned enterprises, the regulatory landscape for public procurement in Brazil has undergone significant changes, notably the enactment of Law No. 14,133/2021 (New Law on Bidding and Contracts – NLLC), and the enactment of Laws No. 13,979/2020 and No. 14,981/2024, which introduced simpler solutions, especially in exceptional circumstances, such as the response to the COVID-19 pandemic and public calamities resulting from extreme weather events. In contrast, the regulations specifically applicable to state-owned enterprises have remained unchanged since 2016. Furthermore, although the State Owned Enterprises Law recognizes the authority of these entities to internally regulate aspects of their contracting, this regulatory scope is limited, since internal regulations cannot deviate from the legal framework or override requirements and restrictions established by law. In this context, even if not all convergence with the NLLC is desirable, maintaining stricter or more restrictive rules for state-owned enterprises in materially equivalent situations undermines the coherence and rationality of the public procurement system. This scenario highlights a disconnect from the rationale behind the creation of a specific legal framework for state-owned enterprises, originally designed to provide greater flexibility, efficiency, and adaptability in their operations, particularly for companies operating in a competitive environment. The problem that guides this study lies precisely in the observation that these companies are subject, in certain respects, to rules that are stricter and more restrictive than those provided for in more recent regimes, even in materially equivalent situations. In light of this, the purpose of this study is to propose a targeted revision of the State-Owned Enterprises Law, guided by the following criterion of simplification: the incorporation into the state owned enterprises regime of provisions already adopted in other legal frameworks in equivalent situations, provided they establish less rigid or less restrictive parameters. The study was designed as an intervention project. From a methodological standpoint, the research is characterized as applied in nature, employing a qualitative approach, and, in terms of its objectives, exploratory. In terms of procedures, bibliographic and documentary research were combined with survey-type research. It is hoped that this proposal will contribute to improving the legal framework for state owned enterprises, promoting greater coherence, rationality, and efficiency in public procurement, benefiting not only these institutions but, fundamentally, the citizens and economic sectors that depend on their services and investments.

Ficha do documento

Tipo

Outro

Ano

2026

Instituição

Ipea

Fonte

Repositório do Ipea

Idioma

Português

Acesso

Acesso aberto

Identificador

oai:repositorio.ipea.gov.br:11058/20861

Licença

Licença Padrão Ipea

Abrangência

Brasil

Temas

Compras Públicas

Palavras-chave

Compras do GovernoContratos PúblicosLicitaçãoCompras públicasEmpresas estataisSimplificaçãoLicitações e ContratosPublic procurementState-owned enterprisesSimplification