Compliance Público: Irregularidades em Contratos da Pandemia Covid-19

Abstract

The elaboration of Compliance programs also has the main function of curbing dishonest practices with contracts signed with the Public Administration. Especially at the present time, that due to the COVID-19 pandemic, and authorized by Provisional Measure 926/2020, the health sector acquired, without bidding and in the form of emergency contracting, products and services related to the pandemic, injuring several principles administrative costs. Compliance programs must focus on strategies capable of encouraging those who observe the standards of conduct, expand inspection mechanisms and, also, ensure that the penalties imposed are sufficient to inhibit future dishonest conduct. However, the central issue, and which it is intended to explain, is found in the need for the adoption of integrity and anti-corruption programs as a requirement for the government to contract with suppliers, a reality that already exists in many states of the federation. It is evident that the situation established by the pandemic requires that certain norms be at least put into perspective, however, as will be shown, the exception cannot serve as a shelter for the committing of irregularities and illegality. This exceptional situation is yet another challenge for the control bodies and public managers, since the hiring must satisfy the extraordinary needs of the Public Power and obey the principles established in the Federal Constitution.