Contratação direta por inexigibilidade de licitação para contratação de serviços advocatícios na Lei 14.133/2021

Abstract

The present work is the result of a study on direct contracting by the Public Administration of legal services through the non-enforceability of a bid. Due to numerous conflicts of a jurisprudential and doctrinal order, as well as questions from external control bodies, this topic was defined. Initially, the concepts of unenforceability of bidding, its legal basis, the requirements of its motivation and the definitions of each requirement are addressed. The existence of secondary assumptions and the position of some institutions on the subject were evidenced. It presents Law No. 14.133/2021, which the legislator purposely sought to update the Public Administration, consolidating into a single legislation the legal regime with regard to tenders and contracts, and even creating new modalities of tenders. In the end, it is concluded that the possibility/feasibility of contracting, due to the unenforceability of bidding, of legal services, existing, of course, motivation, formality, price justification, fulfilling the requirement of notorious specialization of the contractor (subjective uniqueness).