With the enactment of the new Public Procurement Law (Law No. 14,133/2021) and its regulatory decrees, compliance — or integrity programs — have ceased to be a mere formality and have become an essential requirement in public contracts. This legal obligation has been reinforced by recent regulatory measures, making corporate integrity a decisive factor for participating in public procurement with the State.
Mandatory compliance programs now emerge as a condition for engaging in large public contracts, with penalties ranging from fines and lawsuits to disqualification from bidding, in addition to reputational impacts. The February 2025 decree clarified integrity criteria, establishing parameters that include sustainability, human rights (ESG), and transparency in the procurement process — including via the National Public Procurement Portal.
For compliance programs to fulfill their role effectively, they must encompass several dimensions: commitment from senior management; whistleblowing channels; codes of ethics; audits; risk management; training; and disciplinary measures. An integrity program cannot be limited to “rules on paper,” but must be integrated into the organization’s daily operations, with adequate resources and continuous monitoring.
The new law contains provisions that make compliance indispensable: for instance, Article 25 requires programs in high-value contracts, and Article 60 uses them as tie-breaker criteria in procurement. From this perspective, integrity becomes not only a differentiator, but a strategic element to mitigate legal risks and preserve credibility and competitiveness in the market.
The consolidation of compliance as a strategic requirement under the new Public Procurement Law redefines the relationship between the public sector and private companies. Integrity programs are no longer ancillary, but an unavoidable legal condition in significant procurement processes. For organizations, this means not only regulatory adaptation but also cultural transformation: adopting compliance that is effective, transparent, and structural. Ultimately, the law reinforces that integrity is a condition for business sustainability with the State, ensuring institutional trust and risk mitigation.
Foto: Canva
