Avaliação do impacto da rigidez e da flexibilização normativa, no âmbito do governo federal, sobre a eficiência dos processos de aquisição e contratação

Governmental acquisitions, in Brazil, must be proceeded, as a rule, by means of licitation. Though this principle became constitutional rule only from 1988's Constitution, its existence in Brazilian legal system retraces century XV: by that time, the Filipinas Ordinations ruled it in one only law article. Since then, several rules of law had been incorporated to the Brazilian governmental acquirement system, especially during century XX, hardening the procedures and restricting public manager's discritionarity. Current governmental acquirement system was instituted by the Law nº 8,666/1993, which, however, did not disrupt previous system: with few innovations and more restrictions, it only copied the instruments in the system of the Decree nº 2,300/1986 and previous ones. In its original text, Law nº 8,666/1993 had three licitation procedures for acquisitions - concorrência, tomada de preços, convite - and the exceptional procedures - dispensa and inexigibilidade. Once revealed itself a rigid system, several measures were implemented in order to make it more flexible, having for objectives celerity and price reduction, from discrete alterations of articles of laws to the creation of pregão as a new licitation procedure - initially, there was only the pregão presencial, proceeded face to face - and no longer, the pregão eletrônico, proceeded through web. This research focuses the analysis of the impact of the rigidity / flexibility on Government acquirement system. Despite specialized literature, studies carried through for governmental agencies and state publicity praises the results reached with the use of the pregão eletrônico, the analyses that lead to such conclusion are based on questionable premises. The studies on the efficiency of the pregão eletrônico restrict this concept to its economic dimension, interpreting it as costs reduction. Beyond, the methodology of analysis of this cost reduction has for reference hypothetical values which are also defined by random standards. Here it is, therefore, the objective of this study: to analyze, from the perception of the public managers, the relation between flexibility or rigidity of a procedure and its efficiency, under a multidimensional perspective - taking into consideration, beyond the prices gotten for objects, the time of transaction, the quality of objects and the security of the procedure. From the answers to the questionnaires applied to licitation managers and to members of licitations permanent commissions it was raisen three kinds of information: descriptive data concerning to the ordinal or nominal variables, extracted from the analysis of the objective fields of the questionnaire; not-structuralized, extracted directly from the subjective fields of the questionnaire; e, finally, treated data, extracted from the hypotheses formulated in the research and statistically analyzed. The reflections on the information allowed concluding that the acquirement governmental procedures flexibility extends its efficiency. Restricted the analysis to the pregão eletrônico, it is concluded that it is more efficient under the economic and time perspectives, in relation to the classic procedures; however, under the perspective of the security it does not significantly differs from those; under the qualitative perspective, it is less efficient than the classic procedures, implying in the reduction of the quality of acquired or contracted objects.

Teletrabalho na administração pública federal: uma análise do potencial de implantação na diretoria de marcas do INPI

This dissertation analyses the implementation of the telework project of the Marks Directorate at the Industrial Property National Institute, an agency of the Brazilian federal administration. The analysis focuses on the public servants and their expectations, since the work developed at the Marks Directorate is mainly based on the intellectual capital of its staff. This research first addresses the subject by describing the current technical and sociological context. In which information society and globalization's impact on labour's evolution, and information and communication technology's impact on e-government development are both considered as having important roles. A review of the state of the art on telework research is presented as the basis of the analyses, including a definition of telework and its most relevant aspects. National and international cases of telework, both in the public and private sector, are used as examples in the analyses. The matter of performance control and evaluation is also briefly addressed. In order to assess the viability of the implementation of telework, a review of the activities developed at the Marks Directorate is performed. Emphasis is given to the modernization of examining procedures, without disregarding administrative facts, such as the new career plan and its performance evaluation procedures, that might affect the telework project. The case study is conducted by means of a survey with open and closed questions served in a questionnaire. The analyses of the results leads to the conclusion that telework can be successfully implemented in the Marks Directorate, being also an opportunity to study the adaptation of a working practice originating at the private sector and applied in public administration, taking into account their differences.

Fatores relevantes na construção de processos government-to-government no Banco Central do Brasil

This dissertation seeks to recognize the factors, which are relevant to the construction of the processes Government-to-Government (G2G), and how these factors influence the success of those processes. For this research, two existing cases in Banco Central do Brasil (Bacen) were used: i) the Banco Central do Brasil (BACEN) X Senado Federal case; and the Bacen x Poder Judiciário case. The framework of this dissertation is based on the methodology of multiple study cases described by Robert Yin (2001). This work analyzed separately each of the cases and compared the results obtained in each analysis. In this way, this research aimed at analyzing the reasons that led these cases to gain such distinct outcomes, despite the existing potential benefits in each one of them. The obtained results suggest that three factors influence the success of G2G processes in a relevant way: computational safety; the culture of the organizations involved; and the capacitation of people involved. Each of these factors, according to what results showed, bring a set of considerations which should be observed by the public administrator in relation to the strategies of implementation of G2G processes.