O contrato verbal de pronto pagamento nas pequenas compras e serviços na Nova Lei de Licitações

Abstract

Brazilian law, as a general rule, requires the establishment of a regular process for the contracting of goods and services. However, in certain cases it will be impossible to observe the due and usual process for the acquisition of goods and services, such as the initiation and instruction of the process, prior publication, justification for the choice of the contractor, requirement for qualification documents, as well as the publication of the notice on the official website, for a minimum period of 3 (three) business days, as established in article 75, § 3, of Law 14.133/2021, in view of the insignificant value of the goods or services subject to the contract, as well as the exceptional and non-routine nature of the acquisition, which led the legislator to correctly remove the obligation to establish the regular contracting procedure. In these cases, the Public Administration may adopt a “verbal contract” due to the value and urgency to justify prompt payment, as it would not justify the movement of the administrative machinery for the purpose of formalizing the competent process of contracting goods and services, since these are economic relations that are simple and of low value. Furthermore, the amount spent on the movement of the public machinery, on employee costs, expenses with publishing contract extracts and other expenses necessary to carry out the regular contracting process may exceed the value of the good or service requested by the Public Administration, not justifying the adoption of the ordinary contracting procedure.