Inteligência artificial nas licitações públicas e sua aplicabilidade no controle da execução contratual

Abstract

Artificial Intelligence (AI), on public procurement processes and contract execution under the perspective of the new Public Procurement and Administrative Contracts Law (Law No. 14.133/2021). The research adopts an interdisciplinary approach, establishing a dialogue between Administrative Law and Business Law, by investigating how technological innovations influence the relationships between the public sector and private economic agents. In this context, the study highlights the implications of automation and algorithmic analysis for the principles of efficiency, integrity, publicity, and control, as well as the challenges faced by micro and small enterprises in light of increasing digital requirements. The research also examines the risks arising from the contracting of companies based exclusively on the lowest-price criterion, addressing the negative impacts on contract performance and on the social function of the company. The methodology adopted is qualitative, with an exploratory and legal-technical approach, based on specialized bibliographic review, legislative and case law analysis – with emphasis on Law No. 14.133/2021 and on the positions of Audit Courts – and on a documentary and empirical case study of contractual nonperformance in a recurring outsourced service, concerning the provision of cleaning services in public agencies. It is concluded that AI, when used in an ethical, transparent, and regulated manner, can contribute to more efficient and secure public procurement, provided that it is accompanied by a legal framework that balances innovation, public governance, and business sustainability.