Da Figura do Pregoeiro ao Agente de Contratação: Mudança Terminológica ou Nova Lógica de Governança na Lei nº 14.133/2021?

Abstract

This article analyzes the relationship between the auctioneer (“pregoeiro”) and the contracting agent within the current legal framework of public procurement, investigating whether the discipline introduced by the new legislation represents merely a terminological update or an effective institutional redesign of governance. It begins with a historical analysis of the emergence of the auction (“pregão”) as a bidding modality, from its origin within the National Telecommunications Agency to its subsequent consolidation as a mechanism applicable to Public Administration, highlighting the development of the auctioneer as a single agent responsible for conducting the procedure.

Subsequently, a systematic analysis of the contracting agent is carried out within the new legal framework, examining its attributions and its central role in the public procurement process. Special attention is given to the legal wording that, when addressing the auction modality, refers to the “agent responsible for conducting the procedure” without expressly requiring that such agent be the contracting agent, thus raising debate regarding the possible functional distinction between these roles. A qualitative approach is adopted, based on bibliographic research and normative analysis, grounded in legislation, legal doctrine, and precedents from audit courts.

It is concluded that the new legal regime establishes an institutional architecture oriented toward governance and segregation of functions, in which it is not legally appropriate to automatically presume full identity between the roles of the auctioneer and the contracting agent, thereby evidencing an institutional redesign in the model for conducting public procurement procedures.

Keywords: Public procurement; Auction; Contracting agent; Governance; Public administration.