THE EFFECTIVENESS OF TRANSPARENCY IN BRAZILIAN PUBLIC PROCUREMENT

A Critical Analysis of Law No. 14.133/2021 in Light of Social Control

Abstract

This study analyzes the effectiveness of transparency in Brazilian public procurement processes under Law No. 14.133/2021, focusing on its potential to strengthen social control. It builds on the distinction between publicity and transparency to critically assess the adequacy of legal mechanisms for disclosing administrative acts. The research adopts a qualitative approach, with an exploratory and descriptive-analytical design, based on bibliographic review and documentary analysis of legislation and administrative law scholarship. The findings indicate that, although the new legal framework has expanded formal transparency mechanisms—particularly through digitalization and the centralization of information in the National Public Procurement Portal (PNCP)—significant limitations remain regarding accessibility, intelligibility, and practical use of information. These constraints undermine the effectiveness of transparency as a tool for social control and the prevention of illicit practices. The study concludes that transparency must be understood not merely as data disclosure, but as the quality and usability of public information, requiring conditions that enable comprehension and civic engagement. This research contributes by offering a critical perspective on transparency in public procurement and by highlighting the need to integrate normative advancements with institutional capacity and citizen participation.