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The determination to publish public contracts and tender announcements in a newspaper with wide circulation is contrary to the public interest as it is an unnecessary and uneconomical measure, since disclosure on the official website complies with the constitutional principle of publicity.
Cision Germany GmbH.
With this justification, President Jair Bolsonaro vetoed two articles of the new Bidding Law (Law 14,133 / 2021), recently enacted, which establishes general bidding and contracting bases for the direct, autonomous and foundational public administrations of the Union, the states , The federal district. and municipalities.
Until then, the publicity of these public events through publication in newspapers with a large circulation was aimed at providing broad transparency, as well as contributing so that the maximum possible number of stakeholders could compete. This would increase the probability that the public administration will receive an advantageous proposal. These publications also represented funding for newspapers.
However, based on the reasons for the veto, OR advertising principle, provided for in article 37, caption of the Constitution, “would already be duly complied with the provision contained in the caption of article 54, which provides for the disclosure of contracting instruments in the National Portal of Public Procurement (PNCP ), which will centralize the publicity of acts related to public procurement ”.
In total, 22 presidential vetoes were exercised on the new Bidding Law. All of them can be rejected by the National Congress, which has 30 calendar days for the deliberation of senators and deputies in joint session.
Click here to read the enacted law in its entirety
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