Twenty years after the establishment of the Public Procurement Law (Law 8666/93), changes in national rules for government purchases are under consideration in the Chamber of Deputies. The bill (PL 1292/95 and 92 appended proposals) is built upon existing law and brings more than 150 amendments to the text.
The goal is to reduce bureaucracy and increase security against corruption, according to the rapporteur of the text, deputy Fabio Trad (PMDB party of Mato Grosso do Sul): “We extended the possibility of electronic auction; we rationalized the event with less bureaucracy; we increased the prison sentences for bidding crimes; we innovated as to total transparency in bidding on the world wide web and we also included a provision that prohibits the participation of companies that donate to election campaigns from participating in bidding of the agency in which the politician who receive the donation is.”
Electronic auction
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The proposal waits to be voted on the Constitution and Justice Committee of the Chamber of Deputies. The Minister of the Brazilian Comptroller General, Jorge Hage Sobrinho, agrees that the current rules need to be updated.
He highlights changes that have been made in the law that helped to improve the use of public money. Among them, the electronic auction, used since 2000. Only in the last eight years, this form of contracting has brought a saving of over $17.78 billion.
“The electronic auction, which has greatly improved the bids, the Differentiated Regime for Public Contracting, which has been highly praised by the Brazilian Court of Audit (TCU), which also allows the inversion of phases in the bidding process,” the Minister Jorge Hage lists. “These are important innovations, but there is no doubt that this law still deserves new enhancements and updates.”
Supervision
The coordinator of the Anti-Corruption Parliamentary Front, deputy Francisco Praciano (PT party of Amazonas), agree that the law needs to be updated. But for him, above all, supervision is necessary, so that governments actually comply with the rules of use of money public.
A survey of the Ethos Institute showed that, considering the largest budgets of states, which are health and education, six out of ten purchases are not made through bids.
“We need to make public agencies, such as the Court of Audit, the House, major supervisory bodies, the representatives of the people, as well as the Department of Public Prosecution, stay tuned so that the mayors of the interior and the governors do competitive bidding” Praciano said. “Not only those invitations to friends, the exemption and the ineligibility. So the thing is much more structural than simply consider changing some articles of the Public Procurement Law.”
Procedure
If approved in the Citizenship and Constitution and Justice Committee, the new Public Procurement Law proposed will still have to go through the plenary of the Chamber of Deputies.
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