Os desafios da contratação pública: fundamentos e proposições a partir do processo de reabilitação profissional.

Abstract

This thesis presents the foundations as well as proposals for an efficient public procurement model, considering the practical and procedural aspects of the Public Administration in its processes of public procurement, and emphasizing the importance of improving the means of action in the public management: its administrative instruments and legal institutions. The appropriateness of social service provision as the main objective of public procurement is discussed, as well as the usefulness of public procurement in light of the public service management procedural discretion. The option for public-private activity is explored as a manner for the expansion in the provision of services which concern social rights, especially in regard to vocational rehabilitation, as well as the role of control in the administrative performance, especially in regard to public procurement. The thesis has the following structure: The first chapter highlights the difficulties of public procurement from the standpoint of the vocational rehabilitation program, specifying the limits to the justiciability of rights. The following chapter discusses the regulatory challenges in public procurement, evidencing the insufficiency of the current public procurement model, although this model is not the largest obstacle to a better efficiency in public spending. The third chapter establishes the body-related and functional difficulties of the Public Administration and its consequences in regard to planning and executing public procurement. The fourth chapter highlights the practical-procedural challenges in public procurement, indicating the difficulties administrative procedures have when faced with the market and third sector practices. The last chapter presents the foundations of an efficient public procurement model, revealing the advancements or setbacks of Brazilian Bill no. 6.814/2017, as well as proposing specific changes in legislation, especially in the purpose of reaffirming the importance of public manager discretion in the implementation of services which concern social rights. Finally, in light of the statist culture featured in the Brazilian administrative legislation, which reinforces an excessive control on the decision-making activities of the public manager, it is concluded that the inefficiency in public procurement arises from normative, budgetary-financial, bodyrelated and functional, as well as practical-procedural aspects of the Public Administration.