The main function of legal advice is to examine, from a technical and legal perspective, the documents, procedures, etc. submitted for its assessment, in order to provide support to the administrator in decision-making. In the words of Carlos Pinto Coelho Motta, the purpose of legal advice is, especially, to “instrumentalize the decisions of the authorizing officer, providing him with legal support and security”. [2]
The analysis carried out by the legal advisory service is also intended to verify the legal aspects of the act and avoid the late discovery of defects or nullities in the process that may cause harm to the Administration and questions from the control bodies.
And the New Bidding Law – Law No. 14,133/2021 – further emphasized the role of the legal advisor in public procurement processes [3] , expanding their attributions, which are not restricted only to the malaysia telegram data function of controlling the legality of the contract, but also of providing legal support to managers and employees involved in the process, acting, furthermore, as a second line of defense in the inspection, risk management and preventive control in the procurement processes, alongside the internal control sector of the body or entity itself:
“Art. 53. At the end of the preparatory phase, the bidding process will be forwarded to the Administration’s legal advisory body, which will carry out prior legality control through legal analysis of the contract.
§ 1º When preparing the legal opinion, the Administration's legal advisory body must :
I – assess the bidding process according to prior objective criteria for assigning priority;
II – write your statement in simple and understandable language and in a clear and objective manner, with an assessment of all the elements essential to the contract and with an explanation of the factual and legal assumptions taken into consideration in the legal analysis ;
(…).
§ 3º Once the technical and legal aspects of the process have been completed, the authority will determine the publication of the bidding notice as provided for in art. 54.
§ 4º In accordance with this article, the Administration's legal advisory body will also carry out prior control of the legality of direct contracts, agreements, cooperation terms, covenants, adjustments, adhesions to price registration records, other similar instruments and their additional terms .
§ 5 Legal analysis is not necessary in cases previously defined in an act by the highest competent legal authority, which must consider the low value, low complexity of the contract, immediate delivery of the asset or the use of draft notices and contract instruments, agreements or other adjustments previously standardized by the legal advisory body.
(…)
Art. 117. The execution of the contract must be monitored and supervised by 1 (one) or more contract inspectors, representatives of the Administration specially designated in accordance with the requirements established in art. 7 of this Law, or by their respective substitutes, with the hiring of third parties permitted to assist them and provide them with information relevant to this assignment.
(…)
§ 3 The contract inspector will be assisted by the Administration's legal advisory and internal control bodies, which must resolve doubts and provide him with relevant information to prevent risks in the contractual execution.
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