Brazilian Law limits on the appointment of human resources in public bidding and contracting

Abstract

This article aims (i) to describe the limits imposed by Brazilian Law on the appointment of human resources to act in public bidding and contracting, in order (ii) to demonstrate (ii.1) that these limitations are applicable to all federated units (therefore, not only to Union, but also to the States, the Federal District and the Counties), (ii.2) that, after the interregnum specified in the transition rule that results from the combined incidence of articles 191 and 193, II, of Statute No. 14,133/2021, commissioned and temporary public servants/employees, including when designated under the terms of item I of article 7 of the same legal diploma, can only work on the respective processes in exceptional situations, properly justified, and work temporarily, for as long as it takes for the Administration to hold public tenders to the admission of qualified personnel and/or to overcome eventual financial restrains to the formalization of these contests, and (ii.3) that this does not result in an obstacle to the use of the experience accumulated by non-effective professionals who had been working under the previous regulatory regime, because the legislator allows their hiring to act, in the exercise of given functions, as private individuals in collaboration with the Administration.