Possibilidades, limites e sentido da contratualização na administração pública: a experiência no município de Gandu

Abstract

In 2019, the Municipality of Gandu, a federative entity with 32 thousand inhabitants (2021) and estimated revenue for that year in the amount of R$ 64 million, signed 397 contracts, committing approximately R$ 30 million of its budget. The interest of the research is to ascertain the meaning of these numbers. Thus, based on these data, the problem-situation of the investigation was constructed: after all, what would be the relevance of the varied range of negotiation and consensual instruments in the local public management, constituting the general objective of the research to determine the extension and the meaning of the public procurement regime adopted by the Municipality of Gandu in 2019 in light of the statements by Breus (2015, lines 1, 2, 3), Sundfeld and Jurksaitis (2015, p. 13) about the recognition of contracts with the private sector as the main contemporary technique of public policy implementation, theoretical frameworks chosen for the research. In order to achieve this general objective, as an intermediate step, two specific objectives were established: (i) the identification of all legal instruments adopted by the municipal public management of Gandu during 2019, whether unilateral acts, various legal transactions, as well as such as the various collaboration and promotion tools; (ii) the investigation of the compatibility and potential of each of the agreements signed to satisfy the government programs provided for in the 2018-2021 multiannual plan. Through the analysis of the types of public contracts celebrated by the entity that year, collected from open sources, from the point of view of their objects and the clauses of budget credits, it was intended to evaluate the institutional arrangement adopted and its contribution to the achievement of the goals. defined by government programs, seeking to detect the occurrence in the territory of the small municipality of the phenomenon called "government by contracts", characterized by the transformation of these agreements of will, from mere administrative tools destined to the supply of goods and services (contracting) into primordial instruments. for the realization of state purposes through the incorporation of the private sector in the realization of collective public needs (contractualization). It is an interdisciplinary, empirical research, considering the objectives, simultaneously, exploratory, descriptive and explanatory. Combining the quantitative and qualitative approaches, examining the data within a universe of meanings, motives and values, it was concluded, within the researched period of time, despite the large number of signed deals, that the traditional conception of the contract as a means for the acquisition of goods and services essential for the performance of basic and routine charges of the public machine, without true contractualization, that is, the transfer of management of public services, not assuming the Public Administration of Gandu, therefore, relevant regulatory function, resulting in low activation of the local and regional private potential as a mechanism for implementing the finalistic duties condensed in government programs, the ultimate manifestations of constitutional and legal public policies