A renovação dos quantitativos em casos de prorrogação de vigência de ata de registro de preços: desafios e perspectivas à luz da lei 14.133/2021

Abstract

The possibility of renewing the initially registered quantities in the event of an eventual extension of the validity of price registration records, in light of Article 84 of Law No. 14,133/2021, is a topic that has sparked reflections both in doctrine and in contemporary national jurisprudence. It represents a challenge to be faced in the implementation of the regulation and the consequent mitigation of risks and legal uncertainty. In a preliminary analysis, based on the literal interpretation of the provision, it is observed that the regulation (i) defines the validity period of the price registration records and (ii) authorizes their eventual extension for an equal period, provided that the advantage is demonstrated in the records. However, it is noted that the regulation remains silent regarding the treatment to be given, in such cases, to the quantities initially registered in the price registration records (ARP). Therefore, the need for study and reflection on the topic is justified due to its interpretation, hermeneutics, and, above all, applicability, given the identified gap (omission), in order to shed light on possible approaches to the proposed theme. Thus, through this study, the aim is to understand and deepen the discussion on the subject in accordance with the legal framework, identifying divergent interpretations, as well as exploring the possibility, potential risks related to bidding processes, authorizations, and the benefits of renewing the initially registered quantities in the event of an extension of the validity of price registration records, in light of Law nº. 14.133/2021, this is especially important considering the paradigm of efficiency in the actions and management of the Public Administration, extracting the main principles and relevant precedents that apply.