Compliance in bids and administrative contracts of States, Federal District and Municipalities

Compliance em licitações e contratos administrativos de Estados, Distrito Federal e Municípios

Abstract

The federal private normative competence for general rules of bidding and public contracting is, in fact, a kind of concurrent normative competence, assisting the Union in the domain of general rules and the States, Federal District and Municipalities special rules due to the autonomy inherent to the federative principle for adjustment and adaptation to regional and local specificities and peculiarities respectively. The requirement of an integrity program (compliance) in the contracting of works, services and large-scale supplies, provided for in Law no. 14,133/21, with a content in line with the principles of morality and efficiency, which has the nature of a general national rule, of exclusive competence of the Union, under the terms of the Federal Constitution. The amount in excess of 200 (two hundred) million reais that defines large-scale works, services and supplies, registered in Law no. 14,133/21, can only be appreciated in light of federative autonomy, the functionality and effectiveness of the norm and institute created, and the differentiated economic, financial and budgetary realities of the Union, States, Federal District and Municipalities, as a non-general or federal norm , applicable only to the Union, conditioning the other actors of the federative pact to the definition of other values ​​lower than this ceiling or maximum limit, observed in addition to the parameters outlined above, proportionality and reasonableness.