Política pública de fomento às micro e pequenas empresas pelo poder das compras públicas no Estado de Goiás: controle externo pelo TCE/GO (2006-2019)
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2021-04-28
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Universidade Federal de Goiás
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It investigates the actuation of Goias’s State Court of Counts at the control and public
purchase oversight, focused on the impact of micro and small business promotion, in
the local social and economic development. The governmental purchases (bidding) are
presented as a market regulation instrument. Because of this, its control, by the
excellence external control organ – Court of Counts –, can be essential to a better
result and guide of public policy. The public purchases move bulky amounts, at the
federal sphere as well as at the state sphere. They can, with this, once directed, be a big
instrument of promotion of a determinated economic sector. When putted together these
two themes – economic sector and bulky numbers – the first remission that infers is
related to the micro and small business. The study shows the interference of the MPEs
in the socioeconomic indicators, as the PIB and formal job (RAIS and CAGED). A
theoretical discussion is promoted - in a Law and Public Policy approach –, about the
public purchases and the participation of the micro and small business in this, as well
as how the Court of Counts (history in Brazilian constitutions, instruments of action,
functions, moments of action etc.). Concrete actions are chosen and analyzed, of the
acts of actions of the Court of Counts of the State of Goiás (267 Decisions), having for
focus the micro and small business. The participation of the micro and small business in
the State of Goiás public purchases, between 2006 and 2019, is analyzed, as well as the
267 judgments prolated at the same period by the TCE/GO about the theme in order to
diagnose the actuation of this agency about the MPEs. The main results shows that the
participation is still low (media at the period 15% of the total of the state purchases and
hiring of 1% of microbusiness with establishment registered in the state of Goiás) and
that there wasn’t yet, by the Court of Counts of the State of Goiás, an evaluation of
micro and small promotion public policies via audit. On the other hand, there are
several judgments with determinations and recommendations, which were mapped and
shown as reference. By the Pareto analysis method, its shown the public organs that
concentrates the highest numbers of processes and the volume of inspected resources,
which can be an indicative object to a TCE/GO oversight related to the participation of
the MPEs in the public purchases of the state of Goiás agencies. In face of the statistical
results, the main conclusion of the study is that there is lack of distributive justice in the
values of the payments of the public purchases in the scope of the Goiás State and that
it’s the TCE/GO’s function to act, based on its extern control agency power, above the
state purchase power, in public policy control and support on the search of better ways
to the state management, due to the persecution of the promotion foreseen in the LC nº
123, from 14 of december of 2006.
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BARZELLAY, L. S. Política pública de fomento às micro e pequenas empresas pelo poder das compras públicas no Estado de Goiás: controle externo pelo TCE/GO (2006-2019). 2021. 177 f. Dissertação (Mestrado em Direito e Políticas Públicas) - Faculdade de Direito, Universidade Federal de Goiás, Goiânia, 2021.