Governança nas contratações públicas: Uma análise dos órgãos e entidades licitantes do Estado do Rio de Janeiro

Abstract

The New Bids Law, Federal Law no. 14.133 of April 1st, 2021, has innovated the Juridic Ornament by imposing, in the sole paragraph of article 11, the development of hiring governance, under the responsibility of High Administration, through the implementation of processes and structures, including risk management and internal control to evaluate, direct and to monitor the bidding processes and their respective contracts; to promote an ambiance of integrity and trust; to assure the alignment of contracts to strategic planning and budget laws; and to promote efficiency, effectiveness and efficacy. In view of this, the present work sought to analyze the governance in the contracting of the Bidding Bodies and Entities of the State of Rio de Janeiro, in twelve themes, with the objective of elaborating a diagnosis of the current level of development of the contracting area, so that the actions necessary to fully comply with the innovations introduced in the new bidding law to be carried out. For such, a theoretical study on Public Governance and Public Contracts was realized; and a field survey in all Rio de Janeiro State Bidding Agencies and Entities was carried out. It can be said, based on the results presented, that the bidding bodies and entities in the State of Rio de Janeiro have different levels of maturity in the governance of contracts to demand improvement in the area, according to the respective level of development. The themes with the greatest development in the organizations surveyed were identified in the present study. (risk management, transparency and compliance on the area of hiring) and also the ones that will demand a greater targeting of actions because of the yet lack of organizational maturity (incentive structures for incentive, high administration support and work processes on the area of hiring). Through the Cluster analysis carried out, it was possible to group the organizations surveyed into sub-profiles (1-5), according to the respective maturity level reflected in the average of the responses of each construct. This grouping will make it possible to promote specific and targeted actions, saving time and resources for the government.