Contratações diretas emergenciais realizadas pelo estado de Goiás para enfrentamento da pandemia da covid-19: due diligence como estratégia de governança
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2023-08-31
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Universidade Federal de Goiás
Resumo
In the midst of the crisis generated by the coronavirus pandemic, measures that simplified and
streamlined public procurement became necessary. It was up to the Government to act
intelligently in order to contain the spread of the virus and mitigate the effects of its impact on
society. To this end, it was crucial to simplify contracting processes, normally carried out via
bidding, so that the Administration was equipped with quick instruments that would allow it to
have goods and services in the time required to face the pandemic. In this sense, the object of
this research was limited to the “procedure for choosing suppliers and the risks arising from
this act”. The general objective of the research is to identify the contours of the due diligence
that proposes to provide relevant information about suppliers to the contracting bodies,
information that can be used not only in the safe selection of suppliers, but also in the
identification and treatment of risks, such as fraud and non-performance. contractual, for
example, thus allowing the adoption of measures for better execution and close monitoring of
the contract; and as specific objectives: a) to assess the possible risks in direct emergency public
contracts carried out by the State of Goiás to face the pandemic caused by Covid-19,
considering, for this purpose, the risk factors identified on suppliers, according to developed
typologies by CGE; b) quantitatively describe the risks materialized in direct emergency public
contracts carried out by the Public Administration of the State of Goiás based on the model
adopted for the election of contractors; c) test the due diligence procedure retroactively to the
direct emergency contracts carried out by the State of Goiás to face Covid-19; d) verify the
possible benefits arising from the adoption of due diligence in the selection of suppliers and
risk management, notably the risks of fraud, non-performance and withdrawal of the
corresponding contracts. In order to achieve the proposed objectives, it was intended to respond
to the following problem: could the prior investigation of suppliers contracted directly to
combat the Covid pandemic, through due diligence, reduce the risks of fraud, contractual nonperformance and withdrawal in such contracts? To this end, the research tested the following
hypothesis: pre-contractual due diligence, when applied to the public sector, proves to be a
potentially positive measure, considering the beneficial effects on the choice of suppliers and
the management of contractual risks, especially in periods crisis, in which such hiring needs to
be even faster and less bureaucratic. As a methodology, a cut was made to restrict the analysis
of normative acts and the performance of empirical research in the Executive Branch bodies of
the State of Goiás, covering only the direct emergency contracts carried out for the acquisition
of goods and services destined to face the health emergency caused by Covid-19. The research
falls within the empirical research genre as it involves the systematic collection of data on
public procurement and subsequent analysis, with the aim of verifying its possible influence on
the improvement of future administrative procedures. As a result, due diligence has a legal basis
to serve the management of risks arising from the contract entered into between the supplier
and the Public Administration, simply issuing a normative administrative act that regulates its
use as a governance tool in public procurement, the option by law being legitimate in order to
grant perpetuity to the tool and protection against the discontinuity of administrative decisions
considered as government actions.
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PIZA, Bruna Toledo P. Contratações diretas emergenciais realizadas pelo estado de Goiás para enfrentamento da pandemia da covid-19: due diligence como estratégia de governança. 2023. 170 f. Dissertação (Mestrado em Direito e Políticas Públicas) - Faculdade de Direito, Universidade Federal de Goiás, Goiânia, 2023.