A racionalidade administrativa e as disfunções na relação com fornecedores: o caso da Universidade Federal de Santa Maria

Abstract

This study investigates malfunction verified in administrative contracts managed by public administration with suppliers in the Universidade Federal de Santa Maria. The purpose is to explicitate the procedures adopted by public administrators in order to re-establish the execution of the contract, the imposition of administrative penalties and/or the rescision of the contract, as well as the effects and results of those actions. The study analyzes the context in which the administrators act, what are their tools and the limitations brought to them by the bureaucratic paradigm of brazilian public administration, emphasizing notions related to administrative rationality, the search for public interest, efficiency and effectivity in public action. In terms of the institution itself, it describes structures, processes e other circumstances related to the treatment od malfunction verified in administrative contracts with suppliers in the UFSM, by consulting documents using observation and interviews to subsidize those analyzations. It has verified that law-prescribed proceedings have a pedagogical characteristic when it comes to the irregular acts committed by suppliers, but they are not capable of restoring the execution of contracts which eventually creates new problems for administrators. It has been observed that sanctions may promote animosity in the relationship with suppliers and that the rescision of those contracts create the need for rework of the whole bidding and hiring process, which may also cause loss of budgetary resources. Those reasons lead to the development of a conciliatory and tolerant method within the boundaries of legal permissions for dealing with malfunction in administrative contracts due to limited regulations, which demands interpretation efforts in order to protect the public interest.