Lei nº 14.133/2021 e a obrigatoriedade de capacitação do fiscal de contratos administrativos

Abstract

This article addresses the importance of the principle of planning in reorienting the focus of contracting procedures established by Law no. 14,133/2021, New Law on Procurement and Administrative Contracts, centered on governance and results, in contrast with the established by the previous law, Law no. 8,666/1993, whose focus was fighting against corruption. To this end, in bibliographical and documentary research, using qualitative methodology, other legal provisions on the subject were consulted, discussing the effects of the principle of planning on the supervision of administrative contracts and the mandatory training of civil servants and public employees; the requirements necessary for the designation of public personnel as contract inspectors; and the terms for receipt, provisional and definitive, of services and purchases, relevant to the inspector of administrative contracts. It concludes that Law no. 14,133/2021, New Law on Procurement and Administrative Contracts, intended to replace Law no. 8,666/1993, innovates in relation to the training of inspectors of administrative contracts. The adequate preparation of civil servants to perform the duties of contract inspector becomes an obligation of the Administration, to be the object of attention and preparation from the planning phase of hiring or purchases made with public resources, when the rules of the new legal statute are followed. The mandatory training
of contract inspectors is a fundamental aspect of the new Law.

Keywords: Public Administration; public contract; contractual supervision; training of inspectors.