O impacto das fraudes licitatórias na degradação dos direitos fundamentais: uma análise das aplicações da lei de improbidade administrativa na responsabilização de agentes públicos e particulares

Abstract

According to a study by the Institute for Applied Economic Research, public procurements accounted for, on average, approximately 12% of Brazil's GDP during the first two decades of the 21st century. However, due to this high demand, the Public Administration faces considerable challenges regarding the regulation, formulation, and oversight of administrative contracts and bidding procedures. Thus, bidding is affected by frauds that directly undermine administrative efficiency and the state's ability to implement essential public policies, impacting areas such as health, education, and infrastructure. This reality underscores the duty to prioritize the oversight of public assets, whose ownership is not attributed to administrative leaders but rather to collectivity, as prescribed by the republican principle. The purpose of this study is to examine the economic and social impacts of fraud in procurement and contracting processes, as well as to discuss the application of the Administrative Improbity Law as a tool for holding public and private agents accountable for irregularities in bidding processes, aiming to promote efficient public management in accordance with the republican principles that underpin the Democratic Rule of Law. To understand the current topic, an explanatory analysis was carried out through bibliographic and qualitative research on the modalities of bidding fraud, particularly under the framework of the new Administrative Improbity Law. Thus, this is a deductive and applied examination of the practical and legal deficiencies in implementing constitutional provisions aimed at protecting administrative probity. The results of the research indicate that bidding fraud has a direct impact on the degradation of fundamental rights, compromising the quality and universality of essential public services. The analysis reveals that the lack of effective oversight, combined with structural flaws in public contracting processes, perpetuates corrupt practices that divert resources intended to meet social needs. In this regard, the Administrative Improbity Law plays a fundamental role, especially by providing for sanctions such as the loss of public office, restitution to the treasury, and suspension of political rights for public and private agents. Thus, the implementation of more rigorous and independent control mechanisms, combined with transparent practices in procurement processes, constitutes an essential step to safeguard the public interest and ensure administrative integrity and the efficient use of public resources. It is concluded that bidding fraud represents a serious obstacle to the realization of fundamental rights, as it compromises administrative efficiency and limits the state’s ability to meet the population’s basic needs. In this context, the Administrative Improbity Law emerges as an indispensable legal instrument for combating irregularities and preserving the republican values that sustain the constitutional order.