From sanctioning administrative law to incentivizing administrative law: The necessary evolution of brazilian public procurement in dialogue with the italian experience

Abstract

This article proposes a paradigm shift in Brazilian public procurement, moving from a punitive-based Sanctioning Administrative Law model to an Incentive-Based Administrative Law (DAI) framework aimed at producing measurable results and sustainable public value. Drawing on a comparative study between Italy’s PNRR and Brazil’s New PAC, the author argues for governance anchored in SMART goals, interdisciplinary expertise, digital platforms, and performance-based audits. The study suggests that public administration must evolve from formal procedural control toward goal-oriented regulatory mechanisms, with emphasis on responsive regulation, project finance, and dynamic risk sharing. Inspired by the Italian model, the article outlines legal, institutional, and cultural reforms necessary to transform Brazil’s fragmented normative landscape into a cohesive system that fosters innovation, transparency, and socioeconomic impact. The legal system is called to play a transformative role, enabling the public sector to function as a driver of inclusive and sustainable development.