Brazilian Senate approves the final version of the bill for the new public procurement general law

In breaf

Yesterday the Brazilian Senate approved the final text of the bill of a new public procurement general law, which will substitute Law nº 8,666/1993 (“New Public Procurement Law“). The final document will now be submitted to Brazilian President for signature and/or vetoes.

More details

As previously reported, Brazilian Senate approved on December, 2020 the bill of a New Public Procurement Law, and will be applicable to public entities in Federal, State and Municipal levels. State Controlled Companies, however, will only be reached by the new definitions of crimes related to public procurement, since they are subject to a specific legal regime set forth by Law n º13,303/2016.

After that voting session, the bill remained in the Senate, awaiting for the final text to be prepared. After internal evaluation, a few changes to the bill were proposed (most of them aimed at improvements in the text and better clarity), leading to a new vote by the Senate, which happened yesterday.

The final document will now be submitted to Brazilian President, which has 15 days to sign the new legislation and/or impose vetoes to the text approved by the Congress – if such deadline expires without any of such acts, the law is automatically approved in the terms defined by Brazilian Congress.

We will follow closely the next developments in the matter, in special potential presidential vetoes.

Our Public Law team is available for further clarifications on the subject.