O termo de ajustamento de conduta (TAC) como instrumento para a boa governança pública

Abstract

Considering an organizational perspective that can induce innovation in management, the present study intends to verify if the use of the Term of Adjustment of Conduct (TAC) can be configured as an instrument for good public governance, making management more efficient in its duty to investigate irregularities committed by public servants. This is because one of the activities of administrative management to which the manager has to comply involves disciplinary power, which aims to investigate irregularities committed by public servants. Such investigations are carried out through investigation processes that generate costs to public management, not only economic, but also in terms of human resources. With the publication of Normative Instruction 02/2017, by the Ministry of Transparency, Inspection and Comptroller General of the Union (revoked by IN 17/2019, which in turn was revoked by the current IN 4/2020), it became possible for the public manager the agreement of a Term of Conduct Adjustment – TAC, within the scope of the Federal Executive Branch, for cases of disciplinary infractions of a minor offensive potential. The research thesis is the possibility of achieving good public governance and increasing the efficiency of public management in performing its duty to investigate, with the agreement of a Term of Adjustment of Conduct, when applicable, to the detriment of the initiation of an inquiry or disciplinary administrative process, and that the elaboration of a protocol can help the public manager to identify the cases in which the TAC is in order, to use it whenever possible. The research is justified because good public governance implies the use and monitoring of instruments and mechanisms that lead to an increase in management efficiency, and the terms of conduct adjustment are configured as one of these instruments. The research was limited to the disciplinary investigation processes instituted and concluded at the Universidade Tecnológica Federal do Paraná (UTFPR), from May 31st, 2017 to May 31st, 2021. In the theoretical framework, after an introduction to the topic and its relationship with the public governance, topics related to the investigation processes, the term of conduct adjustment, the principle of efficiency and the savings provided by the TAC are addressed. The methodology describes the research as applied as to its nature, qualitative as to the approach, descriptive and exploratory as to the objectives, bibliographic and documentary as to the procedures, secondary as to the research source, inductive as to the method and institutional as to the unit of analysis. The research results indicate that the agreement of Conduct Adjustment Terms results in savings, both financial and in terms of human resources, leading management to approach efficiency, contributing to the better application of universities’ resources and supporting their role as promoting quality education and, consequently, leading to greater regional development, which is why the TAC is an instrument for the practice of good public governance. The study presents a good public governance mechanism in order to make management more efficient, with the proposal of a protocol that guides the manager to identify the cases in which a Term of Adjustment of Conduct is appropriate.