Aplicação do manual de processo administrativo sancionador: um estudo de caso na UTFPR

Abstract

The State handles large amounts of resources in its contracting and has high purchasing power. In executing the budget, the Public Administration establishes partnerships with the private sector for the acquisition of goods and the contracting of essential services for its maintenance, except for legal exceptions, contracting is carried out through the biddings. The bidding processes, or even the exemptions and unenforceability are supported in the legal acts that define its stages from the formalization of the demand until the final phase of the purchase process with the homologation of expense. However, the legislation does not clarify what the contractual enforcement procedures are, especially in situations where no signature of contract and formalization of the prosecutor are required. Monitoring and inspection actions, notifications and opening of administrative sanctioning procedures (PAS), applicable in cases of non-compliance, do not have defined rites. In contrast, the Sanctioning Administrative Procedure Manual was proposed, in July 2018, by the university's rectory in order to standardize this stage of the process. Once the scenario is set forth, this research proposal is to identify the possible the administrative, legal and financial impacts of the use of this roadmap in analogy to the bidding processes carried out at the Campus Campo Mourão in 2017, and to recommend actions to improve procedures. The choice of theme is justified by the relevance, by the number of publications and by the constant need for improvement in the actions developed in the institution. In order to reach the purpose of this investigation, the methodology applied was the case study, regarding the objective, this study is classified as descriptive with qualitative approach. The data collection used primary, secondary and participant observation in the sector of materials and equity. As a results were evidenced the high number of defaulting suppliers, the absence of administrative sanctions (PAS) and, if some of the topics in the tutorial are reviewed and some changes in institutional documents implemented, the effective use of the manual will benefit the institution in the administrative aspects, with the standardization of processes, reduction of rework and faster procurement; legal, with the execution of the legislation and fulfillment of the functional duty of the server to watch over the public patrimony and to act when irregularities are verified; and also financial, with the collection of fines applied to defaulters, in the reduction of the expenses with the repetition of competitions that have high costs, and in the economy of the treasury with the decrease of emergency purchases of materials at higher prices.