A terceirização administrativa da segurança pública: Um estudo de caso da cogestão do Complexo Penitenciário Anísio Jobim (COMPAJ) à luz do ordenamento jurídico brasileiro

Abstract

The present dissertation focuses on the case study of administrative outsourcing at the Anísio Jobim Penitentiary Complex - COMPAJ, for the years 2014 to 2019, and was motivated by information gathered from different post-massacre reports from 2017 and 2019 in which the failures of the subcontracted company that was operating in the respective period werementioned. Although the massacres in Amazonas resulted from multiple issues, this research intended to understand only the factors related to subcontracting, The methodology adopted used the case study approach, which is appropriate for investigating contemporary issues that relate to a real life context, and content analysis. The research sought to analyze the phenomenon of subcontracting in the public sector and which was used in COMPAJ. This required, on a preliminary basis, examination of the theoretical basis of Administrative Law which applies to the management of public services by the private sector, as well as the contractual bases of COMPAJ, in the period from 2014 to 2019, and identified whether the contractual clauses were in conformity with the legal provisions contained in Law 8.666/1993 and the Federal Constitution of 1988, currently in force in Brazil. The reports released by accredited institutions were also examined in order to understand the grounds attributed to subcontracting as a concause of the massacres that occurred in the Amazonas state. As a result, it was found through the contractual bases and the reports presented very serious flaws that were committed in repeated manners, which, even with the request for the application of a fine in the various public civil actions filed by the Public Prosecutor of Amazonas, were challenged in the courts by the private sector, even in the face of contractual provision and identification of failures in the provision of services. Thus, despite the possibility of subcontracting public services in prison, subcontracting will be ineffective if there is a breach of legal dictates, such as the bidding law and administrative contracts as well as the Federal Constitution of 1988, as not all activities are subject to delegations, such as those involving police power, for example, but found at COMPAJ through the handling of prisoners, according to the reports analyzed. Finally, the research has shown that inefficient subcontracting will also result in losses of various kinds, such as financial losses to public coffers, the violation of the human rights of prisoners and even deaths through rebellions and massacres, exactly as happened in 2017 and 2019.