Public tenders: what can change, in 5 points – 05/22/2023 – Market

The government of Luiz Inácio Lula da Silva (PT) is considering changing the rules of public tenders to incorporate additional instruments for assessing candidates, such as psychometric tests, and allowing the use of technology in some phases or throughout the selection process.

The intention is to support the discussion of a bill that has already been approved by the Chamber of Deputies and is awaiting consideration by the Federal Senate.

If approved, the rules will only apply to new selections. The intention is for the guidelines to be applied to the Union, states and municipalities.

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UNDERSTAND THE MAIN POINTS OF THE PROJECT

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Assessment forms

The minimum requirement is to take a test (written, objective, dissertation or oral), but the committee responsible for the contest may require other steps.

The text lists different tests that can be used to measure these abilities:

• knowledge: written tests, objective or essay, and oral tests, covering general or specific content

• Skills: elaboration of documents and simulation of tasks specific to the post, as well as physical tests compatible with its activities

• Skills: psychological assessment, mental health examination or psychometric test, conducted by a qualified professional under the terms of the specific regulation

previous training

The text also consolidates a practice already applied by some careers today and that can be extended: the holding of training courses, of an eliminatory or qualifying nature, with the aim of introducing candidates to the activities of the body

use of technology

The project authorizes the use of online tools or electronic platforms to carry out part or all of the public tender. The details would still depend on regulation, but some minimum requirements would already be fixed:

• Secure individual access in a controlled environment

• Ensuring equal access to tools and devices in the virtual environment

• Mandatory prior public consultation

• Compliance with information security standards provided by law

Diversity

A historic claim of the black movement, the law of quotas in public tenders expires in June 2024 under the diagnosis that its effects fell short of expectations. The government wants to close, still in the first half of this year, a proposal for a new law of quotas in public tenders.

The project tries to remove some loopholes that today are the target of intense struggle in the courts, such as cases of discrimination. The text expressly prohibits any differentiation of candidates based on age, gender, marital status, physical condition, disability, ethnicity, place of birth, origin or place of origin.

dispute resolution

The text contains a device considered an asset by the government, in case the legal disputes persist. The project says that a judge or control body needs to consider the reality of the facts when analyzing a request for contestation of evidence or criteria provided for in the public notice, not just the abstract interpretation of legal norms.

In practice, the proposal tries to guide the performance of the Judiciary so that it also considers the consequences of each decision and foresees alternatives and solutions, in case the challenge or suspension of the process is in fact necessary.