DEZ ANOS DAS LICITAÇÕES SUSTENTÁVEIS NO BRASIL: DISTÂNCIA ENTRE A PREVISÃO LEGAL E A PRÁTICA

With the amendment of article 3 of Law 8.666/1993 that occurred in 2010, Brazilian legislation effectively started to provide for the holding of so-called positive tenders as an instrument to promote sustainable national development, using the regulatory and economic power of the State. Therefore, in the case of a public policy to encourage the production and consumption of goods, works and services that cause less impact during their life cycle. The study analyzed the laws that deal with sustainable practices and criteria, especially those enacted in the last ten years, and carried out a survey of purchases approved by the Federal Executive branches between 2014 and 2019. The methodology used was bibliographic research and documentary, data were collected electronically (legislation) and on the Federal Government’s Purchasing Portal website (bidding). In the treatment of the data, the Mixed Methods technique was used. The results obtained pointed to the evolution of existing laws in the national legal system and the low rates of sustainable public procurements made, which demonstrates the gap between the legal provision and the assisted in practice. There is a percentage increase in sustainable purchases in the surveyed period, but these can still be considered incipient in Brazil.