Contratos administrativos com dedicação exclusiva de mão de obra: uma análise à luz da economia dos custos de transação

Abstract

The present work has as its theme, administrative contracts for outsourced services. The general objective is to verify the reasons that lead contracts with exclusive dedication of labor in a federal public university not to be extended or even terminated. Contractual terminations or non-extended contracts considering the legal limits imply efforts and consequent additional costs in new contracting processes to be carried out, in addition to possible delays in the execution of services. In this context, the theory of contracts and the Transaction costs economics (TCE) were of essential use in the research. The methodology included a mixed approach with content analysis in the qualitative approach and use of statistical method, frequency tables and cross tables in the quantitative approach. By selecting administrative contracts with exclusive dedication of labor initiated between 2014 and 2020 by Federal University of Technology - Parana (UTFPR), it is intended to identify the profile of the contracted companies and to analyze the referred contracts and related documents under the main aspects of the TCE, legal and normative. By associating the profiles of the contracted companies with the aspects of the TCE, as well as the duration of contractual validity with the characteristics of the contractors, of the contracts and of the TCE, the aim was to obtain a classification that allows to identify the contractors that provide better efficiency for the Administration public. This can represent security and stability to the contractor. How many contractors have negative impacts, such as terminations and sanctions, were also identified. In addition to the reasons for interruption of contracts obtained in the contract processes themselves, it was observed among the aspects of TCE that opportunism is more common among the behavioral characteristics. It is expected that this work can contribute to public sector bodies regarding contractual executions, considering the link between the studied theory and the practice exercised in the activities of Public Administration.