Improbidade administrativas em contratações diretas: análise jurídica da dispensa de licitação

Abstract

The topic of administrative improbity in direct public procurement can be defined as the study of illicit practices and the legal limits surrounding the use of bidding waivers, which is highly relevant for researchers, public managers, legal practitioners, and oversight bodies due to its direct connection with integrity and administrative efficiency. In this context, the present research addresses issues related to the general aspects of public procurement, the legal hypotheses of waiver, and the conduct that characterizes acts of improbity in such procedures, delimiting the analysis to the innovations introduced by Laws No. 14,133/2021 and 14,230/2021. Thus, the central problem revolves around the following question: how does the public agent’s liability for administrative improbity in direct public procurement occur under the recent legislative reforms? The study is relevant because its findings significantly impact social, economic, and legal realities, influencing transparency, institutional control, and legal certainty. The research aims to examine the legal treatment of acts of improbity arising from irregular waivers by analyzing subjective elements, legal hypotheses, and liability criteria. Methodologically, it adopts a bibliographic and documentary approach, with qualitative analysis and a descriptive-explanatory nature, using the deductive method and grounded in legislation, doctrine, and case law. It concludes that, although current legislation provides more precise rules after the reforms, further studies are required to address practical challenges involving the proof of intent, the role of oversight institutions, and the effectiveness of preventive mechanisms.