A fiscalização de contratos administrativos nas superintendências regionais de ensino do Estado de Minas Gerais – uma análise pós Lei n.º 14.133/2021

Abstract

The oversight of administrative contracts constitutes a strategic activity for ensuring efficiency, transparency, and legal compliance in the execution of public procurement. The enactment of Law No. 14.133/2021, known as the New Public Procurement and Administrative Contracts Law, represented a significant regulatory advancement by deepening the treatment given to contract oversight and its agents, positioning the contract supervisor as a central figure in the first line of defense of Public Administration. In the state of Minas Gerais, State Decree No. 48.587/2023 complemented this regulatory framework by establishing specific guidelines for the performance of contract managers and supervisors within the state Executive Branch. In this context, this dissertation aims to analyze the contract oversight process in the Regional Education Superintendencies (SREs) of the state of Minas Gerais following Law No. 14.133/2021, considering the supervisors' practices, the challenges faced, and the training available. The research is characterized as applied, mixed-methods approach, and descriptive, with methodological triangulation involving bibliographic research, document analysis, questionnaire administration, and semi-structured interviews. Data analysis followed thematic analysis and descriptive statistics techniques. The results revealed that contract oversight in the SREs presents significant heterogeneity, with variations in the timing of supervisors' designation and the absence of objective technical criteria for such designation. Work overload resulting from the accumulation of duties, lack of training, and unfamiliarity with current legislation were identified as the main obstacles to the effective performance of oversight activities. Analysis through the lens of public governance revealed that these challenges are structural in nature, reflecting gaps in the way SREs organize their procurement practices and staff training around the principles of accountability, transparency, and results orientation. As a technological product, a checklist for administrative contract oversight was developed using the design thinking methodology, with the aim of standardizing and guiding supervisors' activities, contributing to the reduction of failures and the strengthening of legal compliance in the SREs. It is concluded that overcoming the identified obstacles requires not only targeted training actions or technological modernization, but the construction of an institutional culture of governance in procurement, in which planning, training, controlling, and reporting are practices systematically incorporated into the routine of the Regional Education Superintendencies.