A autonomia da advocacia pública e a defesa do agente público no âmbito das contratações regidas pela Lei 14.133/21 após o julgamento da ADI 7043/DF

Abstract

The article analyzes the autonomy of the public attorney's office in defending public agents whose acts are questioned by control bodies, in the context of contracts governed by Law 14.133/21. The study uses the grounds adopted by the Federal Supreme Court in the judgment of ADI 7043/DF.  The text discusses the duty to tender and the risk of liability for misconduct. At the same time, it highlights the importance of the Public Advocate's Office for the defense of legality, legal certainty and the promotion and protection of the public interest, establishing a link with the possibility of judicial and extrajudicial representation of public agents. In the end, it is concluded that the legal body's actions must be linked to the public interest, obtained on the basis of previously defined criteria, to be analyzed by the institution on the basis of its technical autonomy.