Reference material - Available from 2013 to 2023

TCU Court Decisions

1. Court Decision 2,622/2015-TCU-Full Court (iGovContratações 2013):
  • Assessed the existence of guidelines regarding sustainability in procurement and the preparation of a Sustainable Logistics Plan (PLS).
  • Item 9.2.1.2. To establish guidelines for its procurement procedures, including those relating to [...] sustainability.
2. Court Decision 2,328/2015-TCU-Full Court (FOC 2014):
  • Assessed whether the audited organizations have defined guidelines regarding sustainability in procurement and whether they have developed a Sustainable Logistics Plan (PLS).
3. Court Decision 2,113/2015-TCU-Full Court (iGG2014):
  • Assessed the existence of guidelines regarding sustainability in procurement and preparation of the PLS (states, Federal District and municipalities).
4. 4. Court Decision 588/2018-TCU-Full Court (iGG2017):
  • Assessed the existence of guidelines on sustainability in procurement.
5. 5. Court Decision 976/2019-TCU-Full Court (iGG2018):
  • Assessed the existence of guidelines on sustainability in procurement.
6. Court Decision 2,164/2021-TCU-Full Court (iGG2021):
  • Assessed the existence of guidelines on sustainability in procurement.
  • Assessed whether the organization adopted sustainable criteria and practices in its procurement procedures.
7. Court Decision 1,056/2017-TCU-Full Court (FOC):
  • 9.2.2. To act, together with the members of the Interministerial Commission for Sustainability in Public Administration (Cisap), in order to: [...].
  • 9.2.3. coordinate and integrate initiatives aimed at improving and implementing sustainability criteria, requirements and practices to be observed by federal administration bodies and entities in their public procurement, pursuant to art. 2 of Decree No. 7,746/2012, such as the SPPEL project, bearing in mind the need to improve the standardization that allows the APF to carry out purchases of sustainable products and services, with greater agility and efficiency, in addition to other management incentives, should the federal body or entity have the appropriate PLS.
  • 9.2.4. complete the review of the Materials Catalog (CATMAT) and the Services Catalog (CATSER), in order to regulate the inclusion of items with sustainability requirements and to exclude items registered in duplicate.
  • 9.2.5. require the proper submission of the Annual Procurement Plan by the bodies and entities that are part of the General Services System (SISG), specifying the items with sustainability requirements that will be purchased in line with the corresponding PLS.
8. 8. Court Decision 1,666/2019-TCU-Full Court:
  • Item 9.6.1: Balance between price and sustainability requirements. The Technical Preliminary Study (ETP) should analyze whether the market is prepared to meet sustainability requirements, so as not to overly restrict competition.

Regulatory Acts

1. Decree 7,746/2012, articles 2, 4 and 16:
  • Obligation to develop and implement the PLS;
  • Adoption of sustainable criteria and practices in invitations to bid.
2. IN - SLTI/MPOG 10/2012:
  • rules for preparing the PLS referred to in Decree 7,746/2012.
3. Resolution - CNJ 347/2020 - Governance Policy for Public Procurement of the bodies of the Judiciary (article 3, item IX, article 5, item I, articles 6 to 8, article 14, sole paragraph).
  • Promotion of sustainable procurement;
  • Preparation of the Sustainable Logistics Plan (PLS).
4. Resolution - CNJ 400/2021 - Provides for the sustainability policy within the Judiciary (article 3, item I, article 5, paragraph 1, article 20).
  • The units involved in the procurement process, in interaction with the sustainability unit, should include sustainable management, rationalization and conscious consumption practices.
5. Regulation - Seges/ME 8.678/2021 - Provides for the governance of public procurement (article 2, item VII, article 6, item I, articles 7 to 9):
  • Promotion of sustainable procurement;
  • Preparation of the PLS.
6. Law 14.133/2021, articles 4, 5, 11, 26, 45, 144.
7. IN - Seges/ME 73/2022 (Provides for bidding by the criterion of lowest price or highest discount), article 11.
8. IN - Seges/ME 2/2023 (Provides for bidding by the criterion of technique and price), article 11, article 27.
9. AGU Guide.