Governança pública e responsabilidade empresarial nas contratações administrativas: análise jurídico-constitucional e regulatória à luz da lei 14.133/2021

Abstract

The research analyzes governance in public procurement under the framework of Law No. 14,133/2021, examining its articulation with practices of integrity, compliance, and corporate responsibility, in dialogue with international guidelines on good governance and anti-corruption measures. The dissertation investigates how the current legal framework promotes a structural reconfiguration of Brazil’s public procurement regime by integrating governance instruments, risk management, and corporate responsibility as essential elements for efficiency, transparency, and the prevention of illicit acts. The study adopts as its central axis the relationship between public governance and corporate governance, understanding that both converge toward the consolidation of an ethical and results-oriented contractual environment, capable of strengthening public trust in institutions and the State’s credibility in its relations with the private sector. Based on a qualitative approach, the research employs the hypothetical-deductive method supported by bibliographic, documentary, and normative review, encompassing national and international sources. The dissertation demonstrates that Law No. 14,133/2021 goes beyond modernizing the bidding procedure, introducing a new paradigm of public governance founded on mechanisms of planning, control, and accountability, in line with soft law instruments such as the United Nations 2030 Agenda and ESG (Environmental, Social, and Governance) practices. The findings indicate that the integrity program provided for in the statute, by linking internal compliance mechanisms to both the qualification and execution stages of contracts, reinforces the alignment between Administrative Law and Business Law, bringing the Brazilian system closer to international integrity standards. It concludes that the effective achievement of the law’s objectives depends on the institutional capacity of the State to oversee, monitor, and evaluate the implementation of integrity and governance policies, avoiding their reduction to mere formal requirements. Ultimately, the research reaffirms that public governance — when associated with integrity and sustainability — constitutes an essential instrument for improving public procurement and for consolidating an ethical, efficient, and socially oriented Public Administration.