A fiscalização administrativa dos contratos de prestação de serviços em uma universidade federal

Abstract

Public procurement must observe the public principles, especially efficiency and effectiveness. In this context, contracting outsourced services is very common, and, therefore, in order to comply the public interest and service companies the legislation governing is constantly updating. IN Seges/MPDG nº 5/2017 was the most recent law, which focuses on the services themselves, in other words, the verification of compliance with the expected results, but there is a concern to guarantee the labor law, emphasizing administrative inspection that verifies the regularity of social security, tax and labor obligations. This study aims to identify how the administrative inspection word are performed in contracts with exclusive dedication of manpower, if they comply with current law and if they were changed with the recent update. For this, a qualitative study was conducted through documentary research and participant observation, to analyze the inspection practices and procedures performed in with exclusive dedication of manpower at the beginning of the new IN, verifying the previous practices and if there were changes in inspection procedures following the publication of IN Seges/MPDG nº 5/2017. Thus, a permanent guidance vigilance on appropriate procedures in relation to administrative inspection is proposed in order to avoid possible future processes. Finally, the implementation of an Inspection Manual was suggested, as the standardization of processes makes the Public Administration spend time planning and controlling, precepts of the New Public Administration.