Compras públicas sustentáveis: uma análise do desempenho da Advocacia-Geral da União no contexto da Administração Pública Federal

Abstract

In the middle of the 20th century, the debate about the impact of man's activities on the environment flourished. Over the years, it has been established that development, in addition to its traditional economic component, must also include a socio-environmental dimension. This new concept, which has become known as sustainable development, has now been recognized, as regards its legal content, as a true fundamental right. In the search for solutions to the growing socio-environmental problems, State purchasing power was seen as an instrument capable of stimulating the market to reformulate its production patterns, through the incorporation of sustainability criteria in public contracting. As a way of institutionalizing this new public policy, it was made explicit by Law n. 12.349/2010 that government procurement should promote sustainable development. The purpose of this study was to evaluate the performance of Federal Public Administration bodies, especially the Advocacy-General of the Union, in the implementation of the sustainable public procurement policy, based on Law n. 12.349/2010. To do so, this exploratory-descriptive multimethodical research was based on legislation, literature and jurisprudence on the subject, as well as data available in the Integrated System of Administration of General Services about the value and quantity of products and services contracted by the Federal Public Administration in the period 2012-2016, in the total context of their contracting. Based on the secondary data collected, the degree of relative efficiency of the Federal Attorney General's Office in the period 2012-2016 was evaluated in relation to the 23 ministries selected, using the DEA methodology. The results indicate that the sustainable purchases still represent a small percentage of the total amount spent by the Federal Public Administration in the purchase of materials and the contracting of services, however, in volume of resources, there was a significant increase. From the obtained results, it was verified that only three organs have high performance simultaneously in the two elaborated models: the Ministries of Social Security, Agrarian Development and Justice. The Federal Attorney General's Office, in particular, obtained a performance classified as average in both models, being very close to the general average.