Conflitos de interesses na administração pública: proposta de práticas de governança para os municípios

Abstract

The existence of private relationships and activities that unduly influence or may influence the functions of a public agent, a phenomenon known as conflict of interest in the public sector, is a fundamental issue on the agenda of contemporary discussions about public governance practices. Despite this, the implementation of practices related to this topic is still timid in Brazil, which is aggravated from the perspective of a universe of more than five thousand municipalities. The research, based on this scenario, has the general objective of identifying public governance practices that could form a feasible proposal for implementation in the Executive Branch of Brazilian municipalities regarding conflicts of interest. The specific objectives are: to present the panorama of the emergence and regulation of conflicts of interest in the public sector, relating it to public governance and development; describe the existing concepts about conflict of interests in the public sector, as well as the usual classifications and typologies; identify contribution proposals from international organizations and municipal experiences of conflict of interest governance; and point out public governance practices that are likely to be adopted by Brazilian municipalities regarding conflicts of interest. The research methodology used a qualitative approach; as to nature it was applied; the objective was descriptive and the study design adopted the bibliographic and documentary procedure. The survey of initiatives on public governance of conflict of interests at an international level, notably those from the UN, OECD, European Union, World Bank, G20 and Transparency International, resulted in the selection of a set of recommendations and good practices for the public administration in general. The identification of experiences implemented in Brazilian municipalities analyzed the Executive Branch of the 26 capitals of the Brazilian states, showing that the municipal normative structure on conflict of interests is fragmented and focuses on the application of sanctions, generally unaccompanied by the execution of effective public governance practices capable of avoid, detect and manage conflicts of interest. As a result of contributions from international organizations and municipal experiences that were identified in the research, the worker presents a proposal containing 30 public governance practices só that Brazilian municipalities can create or improve a system of policies and procedures capable of predicting, identifying and manage situations in which private relationships and activities unduly influence or may influence the functions of municipal public agents. The compilation observed the peculiarities of municipal entities, as federative units endowed with autonomy in their politicaladministrative organization, in order to enable the adoption and execution of the suggested public governance practices to be feasible.