It is possible to identify various situations that continue to allow the occurrence of fraud and irregularities in public procurement processes, even after the enactment of Law No. 14.133/2021. Although the legislation provides mechanisms for transparency, planning, and control, practical experience shows that vulnerabilities remain capable of compromising the integrity of procurement procedures. Among these vulnerabilities, shortcomings in the planning phase stand out, as planning conducted without technical rigor generates imprecise definitions of the object, inadequate cost estimates, and insufficient preliminary studies, creating an environment conducive to bid rigging, overpricing, and procurements disconnected from the public interest. It is also observed that the use of confidential budget estimates, although legally permitted, may generate risks when applied without consistent technical justification, hindering oversight and allowing the inclusion of prices incompatible with market standards. The improper use of procurement modalities, especially those granting a high degree of discretion, reduces competitiveness and increases the potential for procedural manipulation.
Additionally, vulnerabilities arise from the use of digital tools such as the National Public Procurement Portal, where omissions, inconsistencies, and inadequate data entry may occur, undermining traceability and affecting the reliability of available information. Beyond these aspects, recurrent patterns may be identified as indicators of irregular behavior, such as bids with very similar prices, frequent alternation of winning companies, participation of entities without proven technical or financial capability, and the use of informal communication channels to coordinate results in advance. These elements reinforce the need for continuous monitoring, strengthened internal controls, enhanced qualification of procurement teams, and administrative practices grounded in solid technical criteria. In this context, it becomes evident that normative provisions alone are insufficient to eliminate improper practices, making it essential to continuously improve governance and integrity structures to ensure more transparent, efficient, and publicly aligned procurement processes.
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