Revista Digital de Direito Administrativo
The Administrative Law Digital Review of USP - RDDA (ISSN: 2319-0558) is a digital and free journal created to promote the publication of scientific articles in the field of general and sectoral administrative Law. Articles must aim to evidence the relationship between Law, Public Administration and development. Authors are therefore asked to take into account one of the following questions: how can legal administrative problems harm State and society? How do new institutes and rules of administrative Law contribute to the proper functioning of the Public Administration and, ultimately, improve living conditions? Articles in english, german, spanish, french and italian may be published are accepted for publication in the original version.
Universidade de São Paulo. Faculdade de Direito de Ribeirão Preto
Autores que publicam nesta revista concordam com os seguintes termos: Autores mantêm os direitos autorais e concedem à RDDA o direito de primeira publicação, com o trabalho simultaneamente licenciado sob a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License. que permite o compartilhamento do trabalho com reconhecimento da autoria e publicação inicial nesta revista. Autores têm autorização para assumir contratos adicionais separadamente, para distribuição não-exclusiva da versão do trabalho publicada nesta revista (ex.: publicar em repositório institucional ou como capítulo de livro), com reconhecimento de autoria e publicação inicial nesta revista (referência à RDDA). Autores têm permissão e são estimulados a publicar e distribuir seu trabalho online (ex.: em repositórios institucionais ou na sua página pessoal) a qualquer ponto antes ou durante o processo editorial, já que isso pode gerar alterações produtivas, bem como aumentar o impacto e a citação do trabalho publicado (Veja O Efeito do Acesso Livre).
Infrastructure as reversible assets in concessions: controversial aspects of reversion and compensation
The article analyzes the legal regime of reversionary assets in public service concessions, pro-posing a tripartite typology (public, private, and third-party assets). It argues that the immediate reversion of essential infrastructure upon contract termination does not require prior compen-sation. The study addresses “conclusive rebalancing” and the administrative procedures inherent to the transition of service providers. Finally, it presents legal solutions based on the LINDB and Law 14.133/2021 for investments made by the former concessionaire after the contract expires.
Copyright (c) 2026 Thiago Marrara https://creativecommons.org/licenses/by-nc-sa/4.0
Implementing the 'Technique and Price' Criterion in Public Procurement in Brazil: challenges and opportunities for Specialized Technical Services of Predominantly Intellectual Nature (STENPI)
This study investigates the implementation of Brazil's New Bidding Law No. 14,133/2021 (Lei nº 14.133/2021), focusing on the "Technique and Price" evaluation criterion for Specialized Technical Services of Predominantly Intellectual Nature (STENPI—Serviços Técnicos Especializados de Natureza Predominantemente Intelectual). Utilizing a qualitative interpretive approach, researchers conducted 15 semi-structured interviews with various stakeholders, alongside documentary analysis of 64 objection requests submitted by sector unions. Five key themes emerged from reflexive thematic analysis: institutional and technical capacity gaps, systemic implementation barriers, cultural and behavioral resistance, the complexity of technical evaluation, and the valorization of professional services. These themes underscore the challenges hindering effective adoption while indicating the potential for improving public procurement quality. The research provides the first empirical analysis of Law 14,133/2021's implementation in the STENPI sector, demonstrating that the "Technique and Price" criterion offers a better balance between technical quality and economic viability. The analysis reveals that excessive discount percentages (averaging 42.57% in federal infrastructure projects) negatively impact contract execution capacity. The study suggests pathways for institutional strengthening, such as criteria standardization, team training, and alignment of control bodies, with implications for public procurement reform in developing countries moving from lowest-price to value-based strategies.
Copyright (c) 2026 Christian Augusto Silva, Julio Cesar de Aguiar https://creativecommons.org/licenses/by-nc-sa/4.0
Regulation and Corruption: theoretical debates, empirical findings, and the role of Regulatory Process quality
This article examines the multiple relationships between state regulation and corruption, articulating theoretical contributions and recent empirical evidence. It initially revisits the main explanatory formulations regarding the functions of regulation, notably public interest theories and regulatory capture theories, as well as their contemporary reappraisals. It then analyzes empirical studies that demonstrate the ambiguity and non-linearity of the interactions between the volume of regulation and the risk of corruption. Finally, it explores the importance of the quality of the regulatory process and of meta-regulation as institutional strategies for corruption prevention, highlighting instruments such as regulatory impact assessment, public consultations and hearings, decision-making collegiality, and qualified social participation. It concludes that strengthening the quality of the regulatory process is a structural component of public integrity policies, contributing to greater resilience of regulatory systems in the face of the risks of capture and corruption.
Copyright (c) 2026 Renato Manente Corrêa, Mateus Camilo Ribeiro da Silveira https://creativecommons.org/licenses/by-nc-sa/4.0
When transparency demands a name: the necessary balancing between anonymity, access to information and personal data protection
In contemporary times, digitalization permeates various aspects of social life, intensifying the circulation of information and amplifying the dilemmas related to personal data protection. The 1988 Brazilian Constitution simultaneously enshrined freedom of expression with the prohibition of anonymity, the right to public information, and, more recently, the protection of personal data, all recognized as fundamental rights. The overlap of these precepts generates interpretative tensions that demand harmonization. This paper analyzes the distinction between anonymity and identity confidentiality, arguing that data protection does not eliminate the requester’s identification but restricts its publicity. The general objective is to examine the compatibility between the prohibition of anonymity, the right to information, and data protection, through a qualitative methodology based on bibliographical and documentary review, as well as comparative law, particularly with the Mexican experience. The findings indicate the need to adopt confidentiality of identity as a rule, reserving its disclosure for exceptional circumstances. It is concluded that regulatory standardization in this sense strengthens public transparency, protects citizens, and reinforces democratic accountability.
Copyright (c) 2026 Marcos Vinicius de Sousa Rocha Gomes https://creativecommons.org/licenses/by-nc-sa/4.0
Third-Party Identification at the University of São Paulo: background, arrangements, and legal-institutional repercussions
The article addresses the experience of the University of São Paulo (USP) in the first three-year period (2023–2025) of implementing the third-party identification board in the undergraduate admissions process. Institutions have adopted the tool across the country with the purpose of preventing deviations in the allocation of seats reserved for racial minorities. The study aims to systematize the institutional trajectory of the program and its control mechanism, in order to create a body of information that may be useful to other observers of the implementation of racial quota policies in the country. The study was developed based on the method of participant observation and normative analysis. The data presented were collected through the Citizen Information Service – USP. Among the results achieved, the article presents the scenario of candidates affected by the tool and its repercussions within the Judiciary of the State of São Paulo.
Copyright (c) 2026 Lucas de Santana Módolo https://creativecommons.org/licenses/by-nc-sa/4.0
Administrative Risk and Public Safety: the adherence of the São Paulo State Court of Justice to the doctrine of strict State liability in civil actions for damages arising from police conduct
Due to the danger inherent to the State’s duty to safeguard public safety, overt policing imposes significant risk upon the administration. When legal interests are not properly balanced, this risk materializes as police brutality, a persistent reality in Brazil, particularly against black people living in poverty in urban peripheries. Given Article 37, paragraph 6, of the 1988 Constitution, which enshrines the strict liability of legal entities under public law, and considering the social urgency of victimization by police brutality, this article seeks to assess the degree to which the São Paulo State Court of Justice adheres to this liability regime in civil claims regarding damages arising from police conduct. Accordingly, a documentary analysis of the Court’s recent jurisprudence was conducted, with a qualitative review of decisions issued over the past five years, in order to identify the main debates and controversies regarding the application of strict state liability. Results indicate that the public liability's strict modality remains underutilized in the state's jurisprudence, with subjective logics sometimes prevailing, in contradiction to the constitutional framework. Such an approach reinforces conditions of institutional neglect already experienced by marginalized populations and further demonstrates their lack of protection, even through the judicial avenue of redress.
Copyright (c) 2026 Leonardo Bastos Stevanato https://creativecommons.org/licenses/by-nc-sa/4.0
Possible partitions in a divisional patent application: a view from Brazil
This article investigates the different partitions that a patent application may undergo pursuant to Article 26 of the Brazilian Industrial Property Law (LPI). Using the hypothetical-deductive method, it starts from the hypothesis that the divisional partition must coincide with the unity of invention, in order to be a proper division. The study finds that partitions not coincidental with the unity of invention are improper, as they, albeit formally dividing the application, actually, multiply the subject-matter, instead of dividing it. Ultimately, the article proposes an approach to divisional applications based on four questions that prevent the hermeneutical confusion of the divisional mechanism with the doctrines of double protection (Art. 6), unity of invention (Art. 22), and the addition of subject matter (Art. 32).
Copyright (c) 2026 Giselle Guimarães Gomes https://creativecommons.org/licenses/by-nc-sa/4.0
Judicialization of Temporary Hiring: between nullity and mischaracterization under general repercussion Themes 916 and 551
The temporary hiring of personnel within Public Administration, although often criticized—especially when compared to entry through public examinations—proves, in many cases, to be a necessary measure. This article analyzes the judicialization of temporary teacher contracts carried out by the State of Roraima, with emphasis on the application of General Repercussion Themes 551 and 916. It is observed that judicial decisions on the matter are not conclusive regarding the concepts of nullity and mischaracterization. The article objectively proposes a clear delimitation of the hypotheses of nullity and mischaracterization in temporary hiring, in order to ensure the correct application of Themes 916 and 551 and to prevent undue convictions against the Public Treasury.
Copyright (c) 2026 Eduardo Daniel Lazarte Moron https://creativecommons.org/licenses/by-nc-sa/4.0
Restrictions of foreigners’ right to access public service positions in Rio Grande do Sul: xenophobia or legislative delay?
This paper addresses the persistence of restrictions on foreigners’ access to public service positions, even 25 years after the enactment of Constitutional Amendment No. 19 of June 4, 1998, which equalized Brazilians and non-nationals in this regard. It aims to investigate the factors that currently explain the non-implementation of this right by most entities of the Public Administration within the geographic space of the State of Rio Grande do Sul, based on two hypotheses: simple legislative delay and xenophobia. To achieve its objectives, the article provides a historical context of how Brazilian nationality came to be a constitutional requirement for access to public positions and the subsequent abandonment of this practice. It then maps the current state of the right of foreigners to access public positions and, finally, presents the results of field research conducted in the most populous municipalities of the state, pointing out possible ways to overcome the issue. The findings indicate a general scenario of legislative delay, both due to a lack of demand from the affected community and the absence of prioritization of the matter by local administrations.
Copyright (c) 2025 André Augusto Cella https://creativecommons.org/licenses/by-nc-sa/4.0
Transformations of brazilian Administrative Law: from the absence of identity to constitutionalization
This article provides a concise analysis of the origins of Brazilian Administrative Law, its consolidation as a branch of legal science and its transformations throughout major periods of national history, highlighting the main current trends in administrative law. The second part focuses on the constitutionalization of Brazilian Administrative Law, understood as the most emblematic phenomenon and as a reference point for most of the current trends in this field of law. In conclusion, the article reviews the main issues raised, aiming to provide a retrospective of the formation and transformations of Brazilian Administrative Law and to show how the discipline today has a different interpretative framework.
Copyright (c) 2025 Marco Aurélio Ceccato https://creativecommons.org/licenses/by-nc-sa/4.0
Payment for the taxable event: between contradiction with legal provisions and the incentive for its use in the remuneration model of "outsourcing"
Through a literature review and documentary research, this article aims to highlight an internal contradiction in Law No. 14.133/2021 (New Public Procurement and Contracting Law). On the one hand, the law prohibits payment based solely on the reimbursement of wages paid. On the other hand, it allows payment based on the generating event, which can be interpreted precisely as mere reimbursement, since it is not linked to the provision of a service but only to the expenditure incurred by the contracted company. However, the article emphasizes that the reimbursement system for labor costs an essential component in exclusive dedication contracts is, from a broader perspective, a practice encouraged by the remuneration model of such contracts. In this context, it is demonstrated that the payment model based on the generating event, a more precise form of cost reimbursement, aligns with the remuneration framework of exclusive dedication contracts, which has been validated and established over the years. Nevertheless, it remains af-fected by a contradiction with other legal provisions and offers various opportunities for improvement.
Copyright (c) 2025 João Paulo Forni, Francismary Souza Pimenta Maciel, Thiago Anderson Zagatto https://creativecommons.org/licenses/by-nc-sa/4.0
Patrimonialism: a chronic corruptive disorder in brazilian Public Administration
This study aims to investigate the persistence of patrimonialism in Brazilian public administration, highlighting its characteristics and negative impacts on public service and society. The central issue of the study is how patrimonialist practices, such as clientelism and the exchange of favors, continue to prevail in public institutions, creating an environment conducive to corruption and the prioritization of private interests over the common good. The methodology adopted is qualitative, involving a literature review and critical analysis of the manifestations of patrimonialism in both historical and contemporary contexts, addressing both behavioral and institutional aspects. The study examines the attributes of the patrimonialist model, such as impunity, meritocratic deficits, and lack of control over administrative processes. The conclusion points out that patrimonialism is a structural obstacle to the effectiveness and morality of Brazilian public administration, undermining trust in institutions and perpetuating corruption. The paper suggests that overcoming this issue requires profound reform, focusing on greater transparency, meritocracy, and effective oversight to promote more efficient public management geared toward the collective interest.
Copyright (c) 2025 João Gaspar Rodrigues https://creativecommons.org/licenses/by-nc-sa/4.0
Normative competence of the setorial Regulatory Agencies and (non) binding precedents
The article has the intent to investigate the relation between the Judiciary and the Regulatory Agencies’ normative competence, specially when it comes to appealability of the administrative act and its bindingness (or not) to precedents, along with the new systematization brought by the Civil Procedure Code of 2015. From an extensive bibliographic review and study of the legal diploma on the matter, the process of sectorization and specialization of Public Law is carefully analyzed, in the view of the recognition of managerial autonomy to regulatory agencies in the discipline of social subsystems of greater technicality. Furthermore, the large appealability of administrative acts will be presented as an adequate instrument to make decentralization compatible with the necessary guarantee of the constitutional order, investigating the limits and contours of judicial review. Finally, the research explores the system of precedents – in particular, the so-called binding precedents, contained in article 927 of the CPC –, which is followed by the conclusion that the high technical specificity of the regulated subsystems requires full autonomy from the regulatory body in the exercise of its normative competence, except for the hypothesis of binding to judicial decision because of the authority of the material res judicata.
Copyright (c) 2025 Lara Abreu Assef https://creativecommons.org/licenses/by-nc-sa/4.0
The effectiveness of State liability convictions for the improvement of public action
State civil liability fulfills functions that go beyond simply compensating the injured party, such as puniti-ve and preventive roles. Every judgment against the State should initiate a series of actions, ranging from budgetary adjustments to meet obligations, to the reorganization of administrative practices, workflow revisions, and the enhancement of public action. This study presents empirical research on the effectiveness of State liability judgments in improving public action, using a case study methodology focused on sidewalk-related accidents. Additionally, interviews were conducted with public agents to map the administrative workflows triggered by civil liability actions against the State. The findings highlight contradictions between the legal science narrative regarding the functions of civil liability and the realities encountered within the administrative domain. Furthermore, mechanisms are proposed to assist in improving public action, based on diagnostics generated from each instance of State civil liability.
Copyright (c) 2025 Ana Rita de Figueiredo Nery https://creativecommons.org/licenses/by-nc-sa/4.0
Relational contracts and infrastructure: a perspective between law and economics in the analysis of contracts under asymmetric information
From analytical tools provided by law and economics, particularly the Theory of Contracts under asymmetric information and the Theory of Relational Contracts, it was found that complex and long-term contracts, such as concession agreement and public-private partnership contracts, are incomplete normative structures, subject to asymmetric information, whose gaps cannot be previously integrated due to the prohibitive transaction costs required to perform this task and the environmental and behavioral uncertainties involved in these relationships. Complex contractual relationships that last over time are inevitably exposed to contingencies and risks not initially foreseen. In view of this, adaptive mechanisms and governance structures must be foreseen in advance in the contractual instruments that ensure, at the same time, the stability and flexibility required and necessary for this type of relationship.
Theory of Contracts Under Asymmetric Information
Copyright (c) 2025 Luis Fernando de Freitas Rosa https://creativecommons.org/licenses/by-nc-sa/4.0
The divisional patent application procedure and its relation to the rising amount of patent applications lacking a final decision (backlog)
The article aims the analysis of the relation between the division of a patent application by a procedure of divisional patent application, automatically accepted, and the rising of the amount of patent applications lacking a final decision, known as backlog. One of the factors that might explain the backlog rising is the rising of divisional patent applications, since a single original patent application may be divided into dozens of others. The present article demonstrates that this relation is only due to the procedure of automatically accepting divisional applications. These applications may contain addition of subject-matter or double patenting, which are only verified in the technical examination, leading to hermeneutical confusion between article 26 with the other articles of the Law n° 9.279/96 (LPI), namely with articles 32 and 6th which, respectively, limits addition of subject-matter and double patenting. Consequently, it is proposed an alternate procedure based on a specific divisional application form, subject to archiving under the terms of the sole paragraph of the article 26.
Subject-Matter Addition in Patent Applications
Copyright (c) 2025 Giselle Guimarães Gomes https://creativecommons.org/licenses/by-nc-sa/4.0
Public procurement and state competences in anti-discrimination matters: the case of the North rio-grandense Law no. 11.587/2023
The objective of this article is to examine, in the light of the Constitution of the State of Rio Grande do Norte, the legal model established by the Law of the State of Rio Grande do Norte No. 11,587, of November 8, 2023, which provides for the reservation of job vacancies for transvestites and transsexuals in private companies that receive tax incentives or have an agreement with bodies of the Public Power of the State of Rio Grande do Norte. To this end, the methodology recommended by Legal Dogmatics (or Science of Law in the strict sense) is adopted, having as an empirical basis the system of Brazilian Positive Law.
Copyright (c) 2025 Vladimir da Rocha França https://creativecommons.org/licenses/by-nc-sa/4.0
Arbitration, basic sanitation and defense of regulation:an analysis of the case of subnational agencies
The increasing use of arbitration in concession contracts and Public-Private Partnerships (PPPs) in Brazil is evident, particularly in the field of basic sanitation, a sector crucial for promoting public health and human dignity. This study aims to explore the role of arbitration in concessions and PPPs within the basic sanitation sector, with a focus on subnational agencies. The objective is to analyze the jurisdiction and limitations of Arbitral Tribunals in resolving disputes arising from these contracts and partnerships, considering the legal framework relevant to the sector and emphasizing the need to safeguard the public interest, the principles that govern Public Administration and the sectoral regulation.
Copyright (c) 2025 Thalita Hage, Carlos Roberto de Oliveira, Gustavo Justino de Oliveira https://creativecommons.org/licenses/by-nc-sa/4.0
Liability of the public agent: an analysis of article 28 of the LINDB based on structural aspects and spheres of responsibility, the interpretative phenomenon and the uncertainty of Law
This article seeks to reflect on the debate around the responsibility of the public agent, suggesting that it is necessary to rescue some structural points that are not appropriately considered in current discussions. For this purpose, it brings some introductory considerations on the legal nature of the spheres of sanction and responsibility to which the public agent is subject, as well as some thoughts about the interface between interpretation and responsibility and article 28 of the LINDB under the focus of structural impacts on the responsibility of public agents.
Copyright (c) 2025 Paulo Henrique Macera https://creativecommons.org/licenses/by-nc-sa/4.0
Mechanisms of consensuality in the sanctioning activity of the Central Bank: what do the data tell us about the performance of the Settlement Agreement and the Administrative Agreement in the Supervisory Process?
This paper describes the performance of the Settlement Agreement and the Administrative Settlement in Supervision Process within the scope of the administrative sanctioning law of the Central Bank of Brazil. The study aims to answer how these consensual mechanisms perform. The research employs techniques from Jurimetrics, Statistics, and Data Science focused on quantitative empirical analyses. The data indicate that, from 2014 to 2023, 10,137 decisions were rendered by BACEN. The year 2017 stood out as the year with the highest number of decisions (2,365), while 2014 had the lowest number (620). Individuals were the main targets of the sanctioning decisions of the agency (75.54%), followed by non-financial legal entities (20.45%). Between 2018 and 2024, 86 TCs were concluded. The low number of TCs and APSs compared to the number of sanctioning decisions suggests that these mechanisms were not the main factors responsible for the observed reduction. It is concluded that the consensual mechanisms introduced by Law n. 13,506/2017 have not yet demonstrated a significant impact on the reduction in the number of decisions. Additionally, the analysis of pecuniary contributions and compensations reveals a greater emphasis on damage repair.
Copyright (c) 2025 Lucas Lopes https://creativecommons.org/licenses/by-nc-sa/4.0
Principle of administrative morality: comparative analysis of the Brazilian and Colombian experiences within the scope of “ações populares”
The objective of this study was to identify, describe, and understand the differences and similarities in the use of administrative morality as a parameter for controlling the Public Administration through “ações populares” in the Colombian and Brazilian jurisprudence, with a focus on the Consejo de Estado of Colombia and the Superior Court of Justice of Brazil, and the constitutional courts of both countries. The methodology adopted in this study was that of socio-legal research with a comparative legal approach, carried out through the analysis of specialized literature and jurisprudence of the Consejo de Estado and the Superior Court of Justice. The results of this study showed that there are more differences than similarities in the application of administrative morality in controlling the Public Administration by Colombian and Brazilian courts. It was concluded that, given the existence of a specialized administrative jurisdiction, the Consejo de Estado dedicates more efforts in trying to delimit the concept and content of administrative morality in the justification of decisions in exercising control of the Public Administration through “ações populares”.
Copyright (c) 2025 Matheus Canazart Lage https://creativecommons.org/licenses/by-nc-sa/4.0
Dosimetry of sanctions in the Union Court of Accounting: contributions to the construction of a normative model
This article aims to contribute to constructing a normative model of the dosimetry and individualized application of sanctions in the Accounting Courts, promoting legal certainty and the predictability of decisions made by the Courts, as well as guaranteeing the effectiveness of the respective punitive decisions. To this end, the study begins with the presentation of the sanctioning powers and sanctions applicable by the Federal Accounting Court, then highlights the importance of regulating the matter within the scope of the Accounting Court. Finally, the work proposes a normative dosimetry model in sanctioning processes. It considers the legal assets protected by external control bodies and the purposes of their respective actions as guidelines for defining the criteria for the individualized application of the sanction in the model.
rinciple of individualization of the sanction
Copyright (c) 2025 Thiago Brito https://creativecommons.org/licenses/by-nc-sa/4.0
Public Hearings in public procurement: differences between Law 8.666/93 and Law 14.133/21
Public hearings can be defined as participatory institutions that, by combining principles of participatory and deliberative democracy, encourage popular participation in public decisions. The research aims to verify the main differences in the legal provisions regarding public hearings in public procurement, through the examination of Law 14.133/2021 and Law 8.666/1993, which are the current and previous Public Procurement Law, respectively. The research question is: have the legal provisions for public hearings in public procurement undergone significant changes with the advent of a new Public Procurement Law (Law 14.133/21)? For the investigation, the deductive method and qualitative approach were used, with bibliographic and legislative research. It is concluded that public hearings should be encouraged in the context of public procurement, regardless of legal obligation, in order to enable greater transparency and popular control over Public Administration.
Copyright (c) 2025 Bruno Henrique Zanette Minski, Luísa Fófano Chudzij https://creativecommons.org/licenses/by-nc-sa/4.0
The regionalization of basic sanitation in the state of São Paulo
The administrative activity of installing and maintaining the basic sanitation system, understood as a set of water supply, sewage, urban cleaning and solid waste management services, has major socio-environmental impacts, especially in relation to making these services available to sectors socially excluded from fundamental public infrastructure, in affront to sustainable development, democratic participation in urban land and especially the integrity of ecological systems, contrary to the constitutional norm of promoting an ecologically balanced environment. Given the relevance of the subject, this article seeks to analyze the implementation of basic sanitation in the state of São Paulo, especially with regard to its regulatory evolution, the implementation of the regionalization instrument and the social impacts of the activity. The research will be carried out using an analytical deductive method, as well as a bibliographic-doctrinal analysis. The aim is to assess, if possible, the effectiveness of regional implementation in the state of São Paulo, as well as the socio-environmental and legal risks of the way the activity is carried out.
Copyright (c) 2025 Cinthia Rhemann Dias Ferreira, Daniel Ramella Munhoz https://creativecommons.org/licenses/by-nc-sa/4.0
Digital and technological innovation in the payment to the Public Administration: a proposal for its viability and adoption
The purpose of this article is to analyze the possibility of using innovative payment methods regarding taxes and other financial obligations to the Public Administration, such as credit card and cryptocurrency, using a hypothetical-deductive method. For this purpose, it is analyzed the legal regime of Administrative Law and the unavailability of the public interest, considering the need for the Public Administration to receive its values in cash and upfront. From this, it is possible to assess the feasibility of utilizing these innovative payment methods, in light of the current legal framework. To that end, it is necessary for the companies responsible for innovative payment methods to formalize a legal relationship with the Public Administration, which can be accomplished through “registration”, a form of non-competitive bidding provided for in Law 14,133/2021.
Copyright (c) 2025 Alexandre Magno Antunes de Souza, Pedro Luiz Ferreira de Almeida https://creativecommons.org/licenses/by-nc-sa/4.0
The civil non-prosecution agreement and its effects over the disciplinary administrative process
This paper aims to analyze the legal contours and requirements of the civil non-prosecution agreement, included in the Administrative Improbity Law (Law nº 8.429/92) by Law nº 13.964/19 and effectively detailed by Law nº 14.230/21. It examines the essential characteristics of the institute, with emphasis on the sanctions of the Administrative Improbity Law that can be negotiated. In addition, based on an examination of the legislation, of the specialized doctrine and of the jurisprudence of the Brazilian Supreme Court and of the Brazilian Superior Court of Justice, it discusses whether the civil non-prosecution agreement can produce its effects over the disciplinary administrative process.
Copyright (c) 2024 Renato Adolfo Tonelli Júnior https://creativecommons.org/licenses/by-nc-sa/4.0
Conta vinculada (“Linked account”): reflections on accounting and the (in)efficiency of the model as a risk mitigating mechanism in public contracts
The essay proposes to discuss Guarantee Deposits Blocked for Movement (DGBM), another name for so-called “contas vinculadas” (“linked accounts”), based on a consultation made to the Federal Audit Court (TCU) by the Federal Senate. The first argument is that the divergence of interpretation regarding the correct accounting of DGBM values – for which a solution is proposed – is an indication of the atypicality of the entire control mechanism that results in deposits. The second argument is that there are consistent indications that the operationalization of DGBM implies inefficiencies and negative externalities. It is therefore necessary to take a more attentive and critical look at the Administration, especially at the control bodies.
Copyright (c) 2024 Francismary Souza Pimenta Maciel, João Paulo Gualberto Forni, Tânia Lopes Pimenta Chioato https://creativecommons.org/licenses/by-nc-sa/4.0
Impacts of the Law nº 14.133/2021 on contracting of state-owned companies: focus on state-owned companies in the state of Santa Catarina
This article seeks to identify the impacts of Law 14,133/2021 on the bidding and contracting of state-owned companies, focusing on state-owned companies in Santa Catarina. The work, with a qualitative approach and exploratory objective, was elaborated through bibliographical and documentary research. The results indicate that state-owned companies must apply the specific bidding and contractual legal regime of Law 13,303/2016 (State Law). However, Law 14.133/2021 applies to crimes in bids and contracts of state-owned companies, as well as will impact the tiebreaker criteria and the bidding of state-owned companies and, in the State of Santa Catarina, in contracts carried out through the for state-owned companies that apply State Decree nº 2,617/2009, as well as in their hiring of luxury goods. It is concluded that it will be up to the State of Santa Catarina to update their internal rules of bidding and contracts, considering that most of them used the same reference model, so that the points of application of Law 14.133/2021 are clear providing contracts with legal certainty. In addition, they should exercise caution when incorporating provisions of Law 14,133/2021, under penalty of harming their business activity.
Copyright (c) 2024 José Pedro Oliveira Rosses https://creativecommons.org/licenses/by-nc-sa/4.0
Rethinking the rethinking of the "Principle of the Supremacy of the Public Over Private Interests": a reopening of the debate in terms of juridical pre-comprehension
It is proposed to investigate the existence, in Brazilian Constitution, of a notion of primacy of public over private interests. At the current stage of dogmatics, two ideas of supremacy are confused: of public over private interests, and of collective over individual interests. Qualitative bibliographic research was carried out, which developed from the criticism directed by Humberto Ávila to the supremacy of public interest’s dogmatics. Method was compilatory and critical of the so-called “deconstructive” and reactionary positions. It was identified that the processes of semantization of public interest as collective interest, and of creation of an axiom of absolute supremacy — not originally sustained — serve to provide an easy solution to a problem that did not exist. It is also unveiled that the reasons for “deconstructing” the (supposed) axiom of the absolute supremacy of the public over private interests serve as a starting point for the discussion on the primacy of collective over individual interests. As a result, juridical pre-comprehensions, especially about state and constitution theories, have a decisive influence on the relationship of priority in the satisfaction of interests, even for the dogmatic current that maintains that the public interest can only be discovered by means of balancing.
Principle of the Supremacy of the Public Interest
Copyright (c) 2024 Fábio Carvalho de Alvarenga Peixoto https://creativecommons.org/licenses/by-nc-sa/4.0
Provisional and early protection of property rights: the legal nature of the registration of the writ of provisional immission in possession and the titles of its assignment or promise of assignment
This article deals with the provisional imposition of possession, a type of provisional remedy to anticipate the possessory rights of the expropriating party. The purpose of the article is to examine the assumptions, requirements and consequences of granting and registering it, as well as its legal nature. The first chapter examines the evolution of the registration of the provisional imposition on possession, so that in the second and third chapters its taxonomy is conceptualised and defined. The third chapter examines positions on the nature of the institute, when it is carried out by the public entity, or whoever takes its place. In the fourth chapter, the theory of affectation is explained, which will be the tool for gauging the effects of the judicial anticipatory measure and seeking to answer questions about when the property is transferred to the expropriating party and then to the beneficiaries through assignments or promises of assignment. Subsequent chapters examine the effects of the provisional imposition of possession. The examination uses the method of comparing doctrinal and jurisprudential positions, as well as systematising its registration procedure. The topic is concluded by interpreting the legislative changes and defining the locus in registry law.
Copyright (c) 2024 Fernando Keutenedjian Mady https://creativecommons.org/licenses/by-nc-sa/4.0