The Motivation in public contracts based on the decision of the STF on MP 966/2020

Abstract

The reluctance of public agents to properly motivate the acts performed in the hiring process is a constant note of the control agencies. In this sense, the present work intends to analyze the risk for the manager in cases of omission or insufficient motivation in public procurement based on what was decided by the STF in protective order in ADIs 6421, 6422, 6424, 6425, 6427, 6428 and 6431. To this end, a doctrinal and jurisprudential study is carried out on the motivation in the administrative process, especially in the public procurement process ruled by 14.133/2021 Act, discussing issues related to its role 
as an assumption of validity of the process and as a way of controlling the acts and errors of the public manager.