A chamada pública como alternativa à licitação: um estudo sobre a sua efetividade no programa de aquisição de gêneros alimentícios da agricultura familiar no âmbito do CCJS/UFCG.

Abstract

Family farming has historically been on the fringes of public incentive policies. Seeking to mitigate this problem, Law no. 11.947/2009, which stipulates that at least 30% of the resources transferred to public entities, for school meals, must be destined for the acquisition of family farming products, exempting the bidding process, but executing a public call, which is the main object of this study. Decree No. 8,473 of 2015 extended this destination to the entire federal public administration. In this context, with the purpose of encouraging local agriculture, this project aims to study the legal aspects of the public call and its specificities as a special procedure for exemption. This procedure favors farmers' access to institutional markets and their permanence in agriculture, based on the experience of the Center for Legal and Social Sciences from the Federal University of Campina Grande. The results showed that the whole process of public call since the elaboration of the menus and, later, the public notices and contracts by the public manager, directly affects the farmers' sales possibilities. The methodology used combined different forms of research: bibliographic research, document analysis and qualitative and quantitative analysis. We sought to analyze the primary purpose of the legislation that regulates bids and the public call, making comparisons with the daily practice of Public Administration. It was possible to conclude that, even performing all the legal procedures established for the public call, the purpose proposed by the legislation cannot have support only in the faithful execution of this procedure: the mastery and knowledge of all the principles related to it are fundamental for the valorization of family agriculture.