O pregoeiro e o agente de contratação na lei nº 14.133/2021: função decisória, limites de atuação e responsabilidade pessoal na condução das licitações públicas
Abstract
Brazilian Law No. 14,133/2021 repositioned the public officials responsible for conducting procurement procedures by establishing the general figure of the contracting agent and reserving the designation auctioneer for the official who conducts procurement under the auction modality. This change is not merely terminological: it is part of a governance model based on competency management, segregation of duties, reasoned decision making, professionalization and individualized accountability. This article examines the legal nature, powers, functional limits and liability regime applicable to contracting agents and auctioneers, with emphasis on the external phase of procurement. The research adopts a qualitative legal-dogmatic approach based on Law No. 14,133/2021, Decree No. 11,246/2022, the Brazilian Introduction to the Rules of Law Act, Decree No. 9,830/2019, specialized scholarship and precedents of the Brazilian Federal Court of Accounts. The study addresses appointment requirements, the relationship between auctioneers and contracting agents, challenges to procurement documents, bid evaluation, feasibility analysis, bidder qualification, correction of defects, investigative measures, negotiation, administrative appeals, interaction with the support team and technical and legal units, segregation of duties and standards for personal liability. The case-law analysis includes Decisions 1,917/2024-Plenary, 2,326/2022-Plenary, 988/2022-Plenary, 1,083/2025-First Chamber, 2,291/2025-Plenary and 1,278/2020-First Chamber. The article concludes that auctioneers and contracting agents perform a legally qualified decision-making function but are not universal guarantors of every stage of the procurement process. Personal liability must be individualized and linked to intent or gross error, while preserving duties of diligence, compliance with procurement documents and pursuit of the most advantageous proposal.