Legal Basis: Operations of Consultancies, Advisors, and Private Companies

The engagement of private consultancies, service companies, advisors, and specialists with the public sector is supported by several current laws in Brazil, including:

• Federal Constitution (Article 37) – establishes the principles of Public Administration: legality, impersonality, morality, publicity, and efficiency;

• Law No. 14,133/2021 – New Public Procurement and Administrative Contracts Law – allows direct hiring in various cases, use of technical advisory services, private manifestations of interest (PMI), and encourages technical competition and innovation;

• Law No. 8,666/1993 – Former Public Procurement Law – still applicable in some contexts, allows the hiring of specialized technical services, such as consultancy;

• Law No. 13,303/2016 – State-Owned Companies Law – regulates contracts by public companies and mixed economy societies, based on technical and legal criteria;

• Law No. 11,079/2004 – Public-Private Partnerships (PPP) Law – foresees participation of private consultancies in the modeling and structuring of projects;

• Law No. 10,520/2002 – Electronic Auction Law – common modality for contracting services and supply of goods by private companies;

• Decree No. 7,892/2013 – Price Registration System (Price Registration Minutes) – allows subsequent adhesion by other entities, expanding supplier opportunities;

• Startup Legal Framework (Complementary Law No. 182/2021) – encourages the hiring of startups by public agencies through simplified processes;

• Complementary Law No. 123/2006 – Statute of Micro and Small Enterprises – guarantees differentiated treatment for individual microentrepreneurs (MEIs), microenterprises (MEs), and small businesses (EPPs) in public procurement;

• Decree No. 8,538/2015 – regulates prioritization of small and micro enterprises in public contracts;

• Federal Ordinances and Direct Hiring Programs for MEIs – such as the “Public Procurement for All” program and the federal government pilot project for direct hiring of MEIs, exempt from bidding up to the legal limit of BRL 54,000/year (Article 75, II, of Law No. 14,133/21).

Our Role

Based on these guidelines, WSA acts by:

• Presenting viable solutions to public authorities, with full transparency regarding the legal hiring mechanisms;

• Guiding companies interested in providing services to the public sector, but lacking the technical or legal knowledge to enter these processes;

• Supporting municipalities, states, and public institutions in the development and structuring of projects such as credit recovery, active debt securitization, payroll loans, PPPs in infrastructure and waste treatment plants, among others.

We operate with ethics, legality, and strategic intelligence, so that more serious and innovative companies can partner with the public sector, promoting real solutions to contemporary public management challenges.