Fiscalização administrativa de contratos terceirizados no HU-UFGD

Abstract

The Public Administration must carry out the process of inspection of its contracts, and this activity is compulsory for all public entities, and the manager's discretion is not included in the decision to supervise or not, being the omission or refusal of such authority-duty considered a serious misconduct. Failure to comply with documentary verification or noncompliance with the various practices applicable to the enforcement of contract performance may lead to the accountability of public agents, as well as the subsidiary responsibility of the Public Administration, causing damages to the treasury. In this perspective, this research had as its general objective to propose an instrument for administrative supervision of contracts for the provision of outsourced services of Teaching Hospital of the Federal University of Grande Dourados (HU-UFGD), and presented the following problem: How to prevent HU-UFGD from being held responsible in the alternative for the social security and labor costs that aren’t paid by the contracted company, in outsourcing contracts? In order to reach this objective and to answer this question, this research was based on the following specific objectives: a) to investigate the legislation and jurisprudence related to the subject; b) describe the process of administrative supervision of HU-UFGD contracts; c) identify the main difficulties encountered in the administrative supervision of HU-UFGD contracts. In methodological terms the research is descriptive, exploratory and interventionist in relation to its objectives. The approach used is that of qualitative-quantitative research and as to its nature the research is applied. The methodological procedures used were bibliographic, documentary and survey research, which was carried out through a questionnaire applied to the inspectors and former administrative inspectors of outsourced contracts of HU-UFGD and UFGD, whose analysis allowed to identify the main difficulties encountered in the administrative supervision of contracts. In this research the importance of administrative supervision of contracts was demonstrated, and through the description of the process of administrative supervision of outsourced contracts of HU-UFGD, it was identified absence of regulations determining how to carry out administrative supervision, as well as the absence of standardized procedures to carry out such inspection. In this sense, it was verified the need to implement standardized procedures of administrative supervision of outsourced HU-UFGD, in order to make the inspection activity more efficient and less prone to failures. At the end, as an interventionist research and as a result of this work, 5 (five) intervention proposals were prepared with the objective of standardizing the process of administrative supervision of outsourced contracts at the Teaching Hospital of the Federal University of Grande Dourados.