Nova Lei de Licitações e Contratos Esquematizada - Lei 14.133/2021 - Prof. Herbert Almeida
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Nova Lei de Licitações e Contratos Esquematizada - Lei 14.133/2021 - Prof. Herbert Almeida
Law of Citations and Special Funds
In this section, the speaker discusses the law of citations and its application to special funds. The tradition of the legislator is also mentioned.
Law of Citations Applies to Special Funds
- The law of citations applies to special funds.
- Special funds refer to resources such as the national fund of education or national fund of health.
- It is important to put this resource into consideration when talking about special funds.
Controlled Entities
- The expression "controlled entities" is introduced.
- Controlled entities are defined as entities for statutes.
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When to Apply
In this section, the speaker briefly discusses when certain information applies.
Applying Information
- The speaker mentions that it is important to consider whether or not the information being presented applies to your specific situation.
- If the information does apply, then it can be useful in making decisions or taking action.
- However, if the information does not apply, then it may not be relevant or helpful.
Introduction
In this section, the speaker introduces the topic of the new law of citations and contracts.
The Purpose of Administrative Function
- The speaker clarifies that when they say "function," they mean administrative function.
- A public list is already the head of administrative function.
- Direct administration refers to the reach of executive powers legislative and judiciary.
- The legislator reinforces this disposition for us to look at.
Understanding Special Funds
In this section, the speaker explains how special funds work and who is responsible for managing them.
Who Manages Special Funds?
- The fund itself does not make a violation; it's whoever manages it that makes a public violation.
- Autarchic entities are often responsible for managing special funds in municipalities.
- When there is a special fund, it refers to the entity responsible for managing that resource (e.g., healthcare or education).
- Entities in control must follow the new law of citations and contracts.
What Are Controlled Entities?
- The term "controlled entities" is not clear in legislation.
- Different authors have different interpretations of what controlled entities are.
- Some authors suggest that controlled entities would be state entities, but these do not make citations.
- For purposes of a public contest, you only need to know that controlled entities must follow the law.
Overview of the New Law of Citations and Contracts
In this section, the speaker discusses some special cases related to the new law of citations and contracts.
Entities Affected by the New Law
- The new law applies to all entities of the Federation, including union, states, federal district, and municipalities.
International Resources and Specific Requirements
- If resources are passed by international organizations, contractions may have their own rules if specific requirements are put forth by the organization that made the repasse.
- The new law of institutions puts extra information on how to handle resources passed by international organizations with specific requirements.
Normative Form for International Resources
- The resources of international reserves will be used with a specific normative form elaborated by the central bank itself.
Application of New Law
- The new law of institutions will be applied to legislative power and judiciary power.
Exceptions to Absolute Rules
In this section, the speaker discusses exceptions to absolute rules.
Absolute Rule Not Always Applicable
- Absolute rules are not always applicable.
- There are some exceptions that need to be considered.
State Companies Follow Penalty of State Companies
In this section, the speaker talks about state companies following the penalty of state companies.
Express Provision in Law
- The 1433 law expressly states that state companies follow the penalty of state companies.
- This provision is included in the law enforcement crimes article.
Law of Prefecture and Differentiated Regime from Public Contractations
In this section, the speaker explains the law of prefecture and its differentiated regime from public contractations.
Law Generates Citations and Contracts
- The law generates citations and contracts for such a vigente.
- The law of 10,520 is the law of prefecture.
- There is a regime differentiated from public contractations.
Penalties for State Company Enforcement
- The 1433 law applies to state companies except for penalties specific to state companies.
- The RDC (Regulation on Bidding and Contracting) has certain penal positions revoked immediately.
Penal Positions Revoked Immediately
In this section, the speaker discusses penal positions being revoked immediately.
State Company Must Follow 1433 Law
- The state company must follow the 1433 law where penalties are referred to.
- Penal positions were immediately revoked under the new drug supply plant law after two years.
Clarification on Revocation After Two Years
In this section, the speaker clarifies the revocation after two years.
Revocation After Two Years
- The 1433 law has a provision for revocation after two years.
- The RDC (Regulation on Bidding and Contracting) has certain penal positions revoked immediately.
Crimes of Law Enforcement
In this section, the speaker explains the crimes of law enforcement.
Crimes Apply to State Company Enforcement
- The crimes of law enforcement apply to state company enforcement.
- These crimes are included in the 1433 law.
Composing the Penal Code
In this section, the speaker discusses the composition of the penal code and the role of the central bank in regulating exchange operations.
The Role of Central Bank
- The central bank has functions within regulation, control, and exchange operations.
- If the central bank is in service, it can try to minimize changes in exchange rates.
- The majority of public pro-hibbia will read a specific rule regarding purchasing public currency and use international reserves to buy or sell dollars.
Exceptions to New Law
- There are small exceptions to new laws where dollar disappears.
- Specific norms govern situations where central banks attempt to minimize changes in exchange rates.
Editorial Coverage
- If an editorial has already been published, it cannot cover new laws.
- Three special cases exist for external repartitions, resources with international agencies and international reserves.
Width of Application and New Law of Recitation
This section covers subcid area of new law and its importance.
Subcid Area
- Subcid area is important because it defines what is covered by new law.
- It is unlikely that there will be a subcid area for this particular law as it is a law with huge generations of recitation.
Overview of the New Law of Reciprojects and Public Contractions
In this section, the speaker discusses the new law of reciprojects and public contractions. They explain that after a few months, everyone will focus on this new law, which has already been published.
Principles of the New Law
- The new law consists of 22 principles.
- A prefecture can already make a public recitation using the new law.
- There may be questions about recitations from two years ago or changing the name of one of these principles.
- After two years, there will be a recitation of the previous law.
Specific Principles to Emphasize
- The principle of legality is well-known and basic.
- The principle of public interest is a novelty in the new law.
- Probability, administrative equality, and segregation of functions are specific principles related to citations.
Other Principles in the New Law
- Planejament is a novelty in the new law.
- Transparency and efficiency are important principles.
- Motivation, income, digitalization, and objective judgment are also emphasized.
How Will It Work?
- The public administration will read the recitation that legislation will follow.
- It can be chosen which legislation to follow.
Specific Principles of Public Citations
In this section, the speaker discusses specific principles of public citations.
Objective Judgment Principle
- The principle of objective judgment requires that the public administration conducts public citation in an objective way.
- This principle allows municipalities to deal with some dispositions after a six-month process.
- The objective is to decrease subjectivity within the public citation.
Judicial Translation Principle
- The judicial translation principle is specific to public citations and aims to establish huge generalization and counteraction for the public administration directs.
- All judicial translations of the public citation will be a judicial translation.
- The new law of law has huge generalization laws.
Choosing Between Old and New Recitation
In this section, the speaker talks about choosing between old and new recitation.
Choosing One Recitation
- It's better to choose one recitation instead of studying both.
- If your editor does not say that he cannot cover the new recitation, then he can.
Reading Your Recitation First
- You have to read your recitation first before deciding which one to study.
- If your editor was not yet published, start from reading the new recitation.
Principles Governing Public Citations
In this section, the speaker discusses principles governing public citations.
Principles Governing Public Citations
- The principles governing public citations include security, legal, compatibility, competitive, specific to the citations, proposal, personality, solidarity, economic and national development.
- If you choose the new recitation, the contract will follow the recitation.
Objective Judgment Principle
- The principle of objective judgment requires that the public administration conducts public citation in an objective way.
- It allows municipalities to deal with some dispositions after a six-month process.
Judicial Translation Principle
- The judicial translation principle is specific to public citations and aims to establish huge generalization and counteraction for the public administration directs.
Changes in Terminology
In this section, the speaker talks about changes in terminology.
Change in Terminology
- Convocatory instrument is no longer called judicial translation.
- All judicial translations of the public citation will be a judicial translation.
Introduction to the New Law of Recitation and Public Contractations
In this section, the speaker introduces the topic of the new law of recitation and public contractations.
The Judicial Translation
- The judicial translation is an important aspect of the new law.
- It constitutes the internal law of public citation and defines rules that must be followed by both public administration and citizens.
- There are 22 principles in total, including the principle of motivation which requires decisions to indicate their foundations.
Importance of Understanding Principles
- It is more important to understand each principle than to simply memorize them.
- The principle of motivation is particularly important as it requires detailed reasoning for decisions made by public administration.
Emphasis on Specific Principles
- Some principles are specific to recitation while others are general principles of law.
- More emphasis should be placed on understanding specific principles related to recitation.
Decorative Principles
In this section, the speaker discusses why memorizing all 22 principles is not essential.
Importance of Understanding Principles
- Memorizing all 22 principles is not necessary as questions may focus on a few specific ones.
- Understanding each principle in detail is more important than simply memorizing them.
Emphasis on Specific Principles
- More emphasis should be placed on understanding specific principles related to recitation rather than general legal principles.
Principle of Motivation
In this section, the speaker emphasizes the importance of understanding the principle of motivation.
Relevance in Exceptional Cases
- The principle of motivation is particularly relevant in exceptional cases.
- Detailed reasoning is required for decisions made by public administration.
Emphasis on Specific Principles
- More emphasis should be placed on understanding specific principles related to recitation rather than general legal principles.