THE NEW PUBLIC PROCUREMENT AND CONTRACTING LAW AND THE AFFIRMATIVE PUBLIC POLICIES FOR WOMEN

INTRODUCTION: This research consists of an analysis of the effectiveness of the role of sustainable procurement under Law No. 14.133/2021. This law stipulates that public tender notices may require that a minimum percentage of the workforce of the company to be hired be composed of women who are victims of domestic violence. It also adopts gender equity actions as a tie-breaking criterion among bidding participants. In other words, the bidding process becomes an exercise in fostering innovation and sustainable development, linking the objectives of the Brazilian Constitution to the UN’s 2030 Agenda, especially Sustainable Development Goal 5 SDG 5, which imposes on States the achievement of gender equality and the adoption of measures to empower women in all aspects. It is, therefore, a fundamental study to understand the real challenges of implementing Article 25, Paragraph 9, I, and Article 60, III of Law No. 14.133/21. AIMS: The general goal of the research was to analyze how public administration acts in combating domestic and family violence against women, identifying the relevance of public procurement and the Bidding Law as instruments for fostering the reintegration of this category of women into the labor market. It involved an examination of Brazilian public policies and sustainable procurement, assessing whether the explored norm will produce real impacts or if it will remain a merely symbolic measure. MATERIALS AND METHODS: The methodology adopted was hypothetical-deductive, based on extensive doctrinal and normative research, focusing on Law No. 14.133/2021 and Decree No. 11.430/2023, seeking to evaluate the practical effectiveness of the legal provisions. RESULTS: The results confirmed that domestic violence severely impacts women’s mental and economic health, leading to job loss and financial dependence, thus highlighting the importance of promoting fostering measures for their insertion into the labor market. The study revealed that public procurement and contracting have been re-signified, becoming a strategic mechanism for inclusion policies and social justice. The use of gender equity actions as a tiebreaker is conditional on a tie occurring and the inability to apply other criteria. It also depends on complementary regulations and a “chain of events” in the bidding process, which limits its immediate effectiveness. The research highlighted the relevance of this measure, which requires companies contracted by the state to integrate women victims of domestic violence into their workforce. FINAL CONSIDERATIONS: In conclusion, the hypotheses were confirmed: there is a clear normative potential and intention within public policies and the Bidding Law to act as instruments of social transformation to promote the financial autonomy of these women. Nevertheless, significant practical and regulatory challenges are yet to be overcome for these provisions to have an effective impact in the short term. The current legislation represents an important advancement and a growing commitment of the State, but its full effectiveness depends on overcoming such barriers so that it may truly contribute to women’s inclusion and empowerment in the labor market.

KEYWORDS: New Public Procurement and Contracts Law; Public Policies; Women in the Labor Market; Sustainability; Incentive programs.