O diálogo competitivo no Brasil: uma análise interna a partir das experiências da Inglaterra e de Portugal

Abstract

The Public Administration has been going through an evolutionary process, from which it begins to present resources that were previously unthinkable in the times of administration determined unilaterally and hierarchically oriented. Among these characteristics, it is worth highlighting the concerted, networked, participatory and efficient action. From then on, the Cooperative Administration gains prominence, which values the interaction of the public sector with the private owner, holder of essential knowledge and expertise for the good development of the public machine. Of this new one, the Competitive Dialogue deserves to be highlighted, for being an institute through which the Public Power carries out dialogues with individuals to find the best solution for their needs, recognizing, therefore, its proposal to solve problems especially related to highly complex bidding projects. Recently predicted in the Brazilian legal system, from Law n. 14.133/2021, but the English and Portuguese Administrations have already instituted it for a long time. Certain that the use of this bidding modality in Brazil must be harmonious and coherent with the brazilian Administrative Law System, the international experiences can help, to a large extent, to achieve this purpose. In this way, and based on the relevance of the Cooperative Administration, which acts in a proceduralized way to obtain information it needs from the private sector, a comparative law study was carried out on the experiences lived by England and Portugal, as a way of contributing to an effective application of this legal instrument in Brazil. As a result of the comparison, some relevant international experiences were identified for the proper use of the Brazilian institute, such as the importance of effective training of public agents to deal with this bidding modality, of well planning and conducting the procedure, and of guaranteeing legal certainty in the environment, factors that can make it more attractive and less costly, time consuming and complex. Furthermore, it was found that the Brazilian Competitive Dialogue maintains perfect harmony with the Cooperative Administration, as well as that its insertion in the national legal system, added to the lessons learned from other systems, can favor to make the Brazilian Administrative Law System increasingly coherent, harmonic and contemporary. This is what was intended to be favored through this study of comparative law.