Unenforceability of Bidding Process under the Law 14,133/21

Abstract

This study examines the unenforceability of public bidding, under the perspective of article 74 of the New Law on Public Procurement and Administrative Contracts (14,133/21). The theme is explained based on the public bidding assumptions theory: without the logical assumption, public bidding is impossible; without the factual assumption, it is unfeasible and without the legal assumption, it is prohibited; in all three cases it is unenforceable. The lack of a logical assumption elapses from the object singularity, or the offeror or the acquirer. It involves the problems of the limit to the administrative description of the bid object, the establishment of the brand, the proof of exclusivity, the hiring of unique artists, the accreditation, and the rental or acquisition of real estate. The lack of factual assumption stems from the lack of people interested in participating in the event. This is what happens in cases of deserted or failed public bidding and, also, in the case of specialized technical services provided by well-known specialists. The lack of legal presupposition results from the greater weight of the principles contradicted by the public event about the weight of the principles implemented by it.