Participação de microempresas e empresas de pequeno porte nas licitações

Abstract

ABSTRACT

This study analyzes the participation of micro and small enterprises in public tenders, focusing on the effectiveness of the differentiated legal regime provided for in Complementary Law No. 123/2006 and Law No. 14.133/2021. The research aims to verify whether the legal mechanisms of favoritism are sufficient to promote economic inclusion and increase the competitiveness of these enterprises in the context of public procurement. The research problem seeks to understand whether these normative instruments are effectively applied or whether practical obstacles persist that limit their implementation. The methodology adopted is qualitative in nature, based on bibliographic and documentary research, through the analysis of specialized doctrine, legislation, and institutional reports. The results show that, although the Brazilian legal system has relevant inclusion mechanisms, such as the fictitious tie, late tax regularization, and quota reservations, their effectiveness is still compromised by factors such as excessive bureaucracy, complexity of tender documents, insufficient training of the agents involved, and weak oversight. It is concluded that the differentiated legal regime, although essential, is not fully sufficient to guarantee material equality in public tenders, and it is necessary to improve public policies, administrative management and control mechanisms in order to ensure the effective participation of micro and small enterprises and promote socio-economic development.

Keywords: Public tenders. Micro-enterprises. Small enterprises. Differentiated regime. Economic inclusion.