Abstract
Objective: To analyze efficiency contracts, a contractual modality whose use was expanded by Law no. 14,133/2021, in its conceptual perspective and based on international experiences.
 Methodology: Qualitative post-positivist research, exploratory-descriptive, carried out from the analysis of Brazilian, French and American legislative texts and dogmatic bibliographic review of national and foreign doctrine that comment on similar legal figures in other legal systems.
 Originality or value: The work is original because it presents a proposal for a conceptual understanding of an institute that has been little applied in the Brazilian legal experience, whose possibility of use was expanded by the new public procurement law (Law no. 14,133/2021), and based on similar figures widely applied in countries like the United States and France.
 Conclusions: Efficiency contracts are an important tool used by public authorities internationally and its provision in the new public procurement law can help to mitigate the resistance of control authorities with their use in Brazil.
Highlights
The recently published Law no. 14,133, of April 1st, 2021, reforms the legal framework for public procurement in Brazil
Originality or value: The work is original because it presents a proposal for a conceptual understanding of an institute that has been little applied in the Brazilian legal experience, whose possibility of use was expanded by the new public procurement law (Law no. 14,133/2021), and based on similar figures widely applied in countries like the United States and France
Efficiency contracts are an important tool used by public authorities internationally and its provision in the new public procurement law can help to mitigate the resistance of control authorities with their use in Brazil
Summary
The recently published Law no. 14,133, of April 1st, 2021, reforms the legal framework for public procurement in Brazil. The United States of America and France, whose experiences are presented in this work, are both countries that have signed international agreements (the North Atlantic Trade Treaty and the European Union Treaties, for example) that establish standards for public procurement that, among other objectives, aim for models that implement efficiency in getting results[6]. To this end, we will firstly analyze the legal doctrine in order to reach a definition of the efficiency (or performance) contract. This work is the result of a qualitative research[7], with a post-positivist bias[8], carried out through dogmatic bibliographical research[9], based on documental analysis of normative statements of the Brazilian, French and American legal systems, texts of national and foreign legal doctrine, and with occasional support of court and administrative precedents
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