Government wants to train municipalities to avoid further postponement of the Bidding Law, says minister – 03/30/2023 – Market

The government wants to train municipal employees to use the new Bidding Law and, in this way, prevent them from arriving unprepared to apply the norm from April 2024, when the rules sanctioned in 2021 begin to apply exclusively.

The information was given by Minister Esther Dweck (Management) this Thursday (30) during the March of Mayors in Brasília. At the event, she confirmed that the postponement of the law will be done by means of a provisional measure, an instrument that takes effect immediately – a day earlier, the mayor, Arthur Lira (PP-AL), said that the change would occur by issuing an ordinance.

“We had already done, in partnership with the TCU (Tribunal de Contas da União), a discussion about the transition period of the new law based on an ordinance that had already been edited last week”, he said.

“But, even so, we had the report that this was not enough to guarantee legal security in the municipalities that are not yet able and, in a way, feeling comfortable with the exclusive use of the new Bidding Law. In this sense, there was an understanding by President Lula of the need to postpone the deadline.”

Dweck asked the CNM (National Confederation of Municipalities) and municipal associations for help in training employees.

“This one year will be a year for us to really get everyone to feel safe so that, as of March of next year, the new law will really be the only Bidding Law in Brazil”, said the minister. , subsequently correcting the date to April 1, 2024.

“It’s a postponement for a year, but it’s not a postponement for us to wait again for the deadline to arrive and not be prepared. We know that the federal government has a huge role in supporting the training of all Brazilian municipalities”, added.

The minister praised the new law and said that it innovates in many aspects. However, she admitted that the regulatory deadline was “very tight”.

“We had a process, even for the election period, for other issues that delayed the process of regulating the law. This week, we are releasing two more large regulatory decrees that will cover 99% of the hiring that are currently done in the Brazil.”

Dweck reiterated that the rule is better than the previous one. “But we think that, for it to actually be the only law in force in Brazil, we need all Brazilian municipalities to feel comfortable with using the new law, to feel able to use the new law.”

The new Bidding Law, sanctioned by then President Jair Bolsonaro (PL) in 2021, stipulated that the previous norm would be repealed in two years – a period that would end this Saturday (1st).

The law sanctioned by Bolsonaro changes the rules for bidding, creating contracting modalities, requiring guarantee insurance for large works and inserting a new chapter in the Penal Code by typifying crimes in bidding with sentences of up to eight years.