Self-cleaning e exclusão obrigatória de operadores econômicos: uma análise comparativa entre a Diretiva 2014/24/UE e a lei de licitações brasileira

Abstract

Public procurement plays a fundamental pillar as an instrument able to ensure a more efficient use of public resources. In the context of European Union, the Directive 2014/24/UE of the European Parliament and the Council, which takes care of public procurement, made notable changes in relation to the causes of exclusion of economic agents from participating in contracting procedures. In Brazil, New Public Procurement and Administrative Contracts Law, Law n. 14.133/2021, also promoted changes in relation to the sanctioning scope and the possibilities of rehabilitation of companies. In this way, the objetive of this article is, in the light of the principle of competition, analyze the limits of the restriction clauses required from the design of Self-Cleaning, as an institute of community law able to relativize the expulsion grounds set out in the Directive, relating them to the new Brazilian legislation. The comparison between the legislations shows that while Europe has an established and detailed system for self-cleaning, the Brazilian approach is still maturing and could benefit from European practices to strengthen public policies through mechanisms for the reintegration of economic operators. The conclusion is that the experience observed through the Directive can contribute to Brazil's public procurement system, optimizing transparency, competitiveness, and especially, integrity in public contracting processes.