In brief

The Brazilian Senate approved last week the final text of the bill for a new public procurement general law (“New Public Procurement Law“), which will substitute Law nº 8,666/1993. The final document will now be submitted to the Brazilian president for signature and/or vetoes.

As previously reported, the Brazilian Senate approved on December 2020 the bill for a New Public Procurement Law, which will be applicable to public entities at the federal, state and municipal levels. State-controlled companies, however, will only be reached by the new definitions of crimes related to public procurement, since they are subject to a specific legal regime set forth by Law number 13,303/2016.

After that voting session, the bill remained in the Senate for the final text to be prepared. After internal evaluation, a few changes to the bill were proposed (most of them aimed at improvements in the text and better clarity), leading to a new vote by the Senate, which happened on last week.

The final document will now be submitted to the Brazilian president, which has 15 days to sign the new legislation and/or impose vetoes to the text approved by Congress. If the deadline expires without any action from the president, the law is automatically approved in the terms defined by Congress.

We will follow closely the next developments in the matter, in special potential presidential vetoes.

Our Public Law team is available for further clarifications on the subject.

Click here to read the article in Portuguese.

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