A segregação de funções nas contratações públicas como mecanismo de enfrentamento da corrupção

Abstract

This study analyzes how the implementation of the Principle of Segregation of Functions, enshrined in the Brazilian legal system by Public Procurement Act (Act nº 14.133/2021), is geared towards combating corruption in public procurement. To this end, the study focuses on assessing the impacts and practical implications of this principle, preserving administrative integrity, mitigating conflicts of interest, and preventing fraud, both from a legislative and judicial perspective on the subject. To pursue the aim sought by this research, the unification of the concepts of corruption, segregation of functions brought by Guimarães and Sampaio, together with the understanding expressed by Justen Filho, was adopted as a theoretical framework. The methodological path will involve the analysis of doctrinal content, opinions, and legislation in national law, from a legal-dogmatic perspective. It will be presented, as a hypothesis, that the segregation of functions, in the public bidding and contracting process in Brazil, provided for in Public Procurement Act (Act nº 14.133/2021), was instituted as a legislative strategy to preserve, treat and combat corruption, mitigating conflicts of interest and preventing fraud and embezzlement.