O dever de informação em contratações públicas nos portais da transparência : um estudo a partir dos sítios oficiais do poder executivo dos municípios do vale do Rio Pardo.

Abstract

In the course of the work, the themes of public information, transparency, good public administration and contracting were permeated in order to build the answer to the problem that arises: are the information related to public contracting in line with the precepts established in the Law on Access to Information (Law 12.527/11). In this path, the objective of the research was to analyze how the bidding requirement has been implemented in the transparency portals of the Executive in the municipalities of the Vale do Rio Pardo region. The hypothesis was to verify whether the transparency portals, in the bidding requirement, its bidding documents and results and contracts, meet the effective transparency required by the Access to Information Law. For this, we investigated the fundamental right to information in the Democratic State of Law and historical-political presuppositions of the Public Administration, taking into account the need for information on administrative acts emanating from the local public power. In addition, it was inquired about the role of the transparency of the administering State as a duty of good public administration, bringing aspects of transparency in the municipal sphere. And, finally, an analysis of documents related to the phases of the bidding processes in the LicitaCon tool, available on the website of the Court of Audit of the State of Rio Grande do Sul. The present work has adherence to the research line of public policies and social inclusion, since it seeks to point out if there are flaws in the way the State's duty of transparency and the right to information of citizens are being treated. The research is linked to the guiding line, local space and social inclusion, as it performs an analysis of the portals of transparency in the Rio Pardo Valley, that is, local space that the municipality of Santa Cruz do Sul is inserted. The method adopted was flexible design because of a research Qualitative, but that there are evaluated issues that are decided in advance by the researcher, such as the municipalities to be investigated and what was taken into account in the analysis. The research technique in this dissertation consisted of a bibliographical and documentary approach to investigate the theme with its theoretical foundation. The data collection procedure was for documentary analysis and analysis of the official sites of municipal prefectures in the Pardo River Valley region. The method of approach adopted was the hypothetico-deductive one, since it conciliates the rationalization of the deductive method and the experimentation of the inductive method, being this experimentation the quantitative and qualitative analyzes. The hypothesis tested was whether the transparency portals, in the information about the public hirings, comply with certain requirements of the Law of Access to Information.