Negócios de impacto e contratações públicas: a utilização de empreendimentos privados e do poder de compra do Estado como meio de se cumprir os Objetivos de Desenvolvimento Sustentável da Agenda 2030 da ONU

Abstract

In 2015, Brazil signed the 2030 Agenda for Sustainable Development of the United Nations and now has quite a challenge to be met: to achieve the 17 (seventeen) Sustainable Development Goals and their 169 (one hundred and sixty-nine) targets by 2030. For this, one of the ways proposed by this work is the use of the State’s purchasing power, aiming to promote the Social Entrepreneurships, whose objective is to achieve positive socio-environmental impacts. For that, the valid public procurement rules (Law nº 14.133/2021, Law nº 13.303/2016 and the Legal Framework for Startups) were analyzed, in addition to the Federal Constitution of 1988, seeking to assess whether the Brazilian legal system of public contracting provides a regulatory environment favorable to the contracting of Social Entrepreneurships by the Public Administration. With regard to methodology, this is a research classified as a legal-dogmatic methodological approach, which uses inductive reasoning. As a genre, it is an empirical research, containing a legal-descriptive investigation, which analyzes data of a primary and secondary nature. From the discussions carried out and the analysis of the legislation, it was concluded that the Brazilian legal system of public procurement provides a favorable normative environment for the contracting of Social Entrepreneurships by the Public Administration, leaving it to strategically choose which mechanisms will be used therefore. It is important to emphasize that, despite this conclusion, what currently exists is still not enough. Because of this, it is believed that Administrative Law plays an important role in the evolution of this theme, strengthening existing instruments, creating new relevant mechanisms and also, expressly, encompassing and favoring Social Entrepreneurships in the context of public procurement . All of this will bring greater legal certainty to managers and individuals when using new mechanisms, which escape the administrative routine.