Public procurement reforms evolve in Brazil and Portugal

Recent legislative shifts in Brazil and Portugal are reshaping the landscape of public procurement and contracting.

In Brazil, the transition from Law 8.666/93 to Law 14.133/2021 has modernized how companies participate in bidding through consortia. The new law allows for the summation of capacities without the rigid proportionality requirements of the previous regime, which helped prevent unnecessary disqualifications. However, experts warn that this flexibility must not be used as a shield to bypass technical-operational requirements or to allow companies lacking specific technical certifications to participate under the guise of a consortium.

In Portugal, significant amendments to the Public Contracts Code (CCP) are set to take effect on October 1, 2026. The reforms introduce a paradigm of increased trust in the private sector, featuring mechanisms such as ‘self-cleaning’ for companies to rehabilitate their standing and allowing ‘spontaneous initiatives’ where private entities propose technical solutions to the State. While the business sector welcomes the procedural agility and increased limits for security deposit exemptions, transparency advocates have raised concerns regarding potential financial opacity and favoritism.