Controle e fiscalização da contratação e execução de obras públicas no Brasil.

Abstract

Public works are of great importance for the development and well-being of the population, through them we can have variables that directly affect the lives of citizens, such as leisure, through public squares or health as in cases of basic sanitation works, however , due to the neglect of public works in Brazil, it jeopardizes the economic development and the well-being of the families, creating disrepute over the public administration, which in most cases of works stoppage occurs due to the poor performance of the manager in the inefficiency of supervising the works that are in progress. With the purpose of analyzing the instruments of control and inspection of public works, it is possible to take an approach on them, besides analyzing the social control and verifying the performance of the Court of Auditors in the control and inspection. The present work seeks to analyze the control and supervision of the contracting and execution of public works in a general way, made by the Audit Court of the Union (TCU), Public Prosecutor's Office (MP), public administrator and population, in order to identify the reasons for which delays or paralyzes occur and what the social and economic impacts resulting from this situation, trying to find out which tools can be used by the public manager, as well as by the institutions, in order to control and supervise the progress of a public work. A qualitative research was carried out in the years 2017 and 2018, with a study based on the analysis of documents, bibliographical consultations with texts, dissemination in electronic networks - such as the websites of the Federal Audit Court -, scientific works, and consultation to the Public Ministry. The results indicate that Brazilian legislation, based on the Federal Constitution and the standards required by the Federal Audit Court, allows the public manager to carry out public works, reducing the risk of loss of public resources and eventual irregularities and delays. However, it was noticed that, for the most part, the administrative agent does not use these mechanisms, or does not use them in a correct way, causing Brazil's bad reputation for delivering public works beyond deadlines and for diverting public resources, which economy, causing disbelief on the part of the population in the Public Administration.