A prevenção como instrumento de combate às fraudes em licitações públicas: uma análise a partir da lei nº 14.133/2021

Abstract

This paper analyzes the extent to which Law No. 14,133/2021 strengthens the prevention of fraud in public tenders, highlighting its mechanisms and the challenges to its effectiveness. We sought to understand the role of bidding in protecting the public interest, identify the main weaknesses of the procedure, and assess how the new law incorporates instruments aimed at integrity and governance. We found that fraud can occur at all stages of the bidding process, compromising administrative probity and society's trust in institutions. The new law values the adoption of preventive measures, with greater emphasis on procurement planning, public governance, integrity programs, risk management, lines of defense, transparency, and social control. Despite regulatory advances, its implementation depends on the continuous training of public officials, the dissemination of a culture of integrity, and the strengthening of cooperation between control agencies. It can be concluded that prevention is more efficient and less costly than repression, and is a fundamental condition for ensuring the efficiency, morality, and legitimacy of Brazilian public procurement.