Dispute board como meio alternativo de resolução de controvérsias na nova lei de licitações e contratos administrativos – lei n.º 14.133-2021

Abstract

The bidding procedures are a basis of public administration and, therefore, they are being constantly improved in the last decades. Due to this concern, the new law on bids and contracts (Law no. contracts more efficiently. This article aims to address the methods of resolving new conflicts by consensus, provided for in the solution of bids, in particular the dispute board, and to identify the benefits that these methods can bring to a public administration their implementation. For this purpose, the Litigation Committee (dispute board) is usually composed of 1 to 3 members, appointed by the contracting parties at the conclusion of the contract, thus being able, from the execution to the resolution of the contracts, from the beginning. Therefore, when using a dispute where the parties do not agree to carry out any event in the contract (certain materials, methods adopted, etc.), they take such dispute to the committee for the latter to express some for the conflict. In turn, the committee by supervision or contract provided knowledge of the procedures developed. In this way, it is able to provide faster and more technical solutions, being more effective for disputes, because it does not take the time used by external experts who are not aware of the evolution of the contract. Thus making the conflict less costly, the work stoppage. It will also be discussed about the jurisprudence examined of one of the first administrative contracts with the use of the dispute board. In the end, it can be determined that there is the possibility of Resolution in Dispute Councils. For the elaboration of this study, bibliographic research with a qualitative approach and basic literature was used, through indirect data collection, through literature.