A desconsideração da personalidade jurídica na aplicação de sanções no direito de licitar e contratar: comparativo entre as leis n.º 8.666/1993, 14.133/2021, 12.846/2013 e análise da possibilidade de ampliação nas sanções

Abstract

This undergraduate thesis analyzes the hypothesis of fraud in the bidding process through the use of new corporate arrangements, focusing on the application of the disregard of legal personality in Brazilian administrative law. The study was motivated by an episode experienced during an internship, in which the legal representative of a bidding company, after being penalized, created a new company to continue participating in public bids. The main objective was to verify whether the current legislation, Law No. 8.666/1993, Law No. 14.133/2021, and Law No. 12.846/2013, is sufficient and effective in preventing such fraud and whether there is a need to expand the sanctions. The research used the hypothetical-deductive method, with a qualitative approach, non-participant observation technique, and bibliographical review. The results showed that the existing sanctions have limitations in preventing the creation of new fraudulent companies, suggesting the need for legislative adjustments. It is concluded that expanding the sanctions, together with more rigorous control measures, may be a viable solution to prevent the perpetuation of fraud in the bidding process.