Impacto do princípio da sustentabilidade nas contratações públicas de duas Instituições Federais de Ensino Superior do Estado de São Paulo

Abstract

The public is also a source of environmental degradation alike the private sector, not only for its direct action but also for the incentive through public purchases. Therefore, recently Brazilian legal instruments try to incorporate the environmental issue, since the obligation of the Public Power to defend and preserve the environment for present and future generations. One of these instruments was the amendment of art. 3º of Federal Law 8.666/93, which deals with public procurement, whose purpose was to promote "national promotion of sustainable development" via "sustainable" contracting. Given the premise that the existing legislation is known to public operators, this study aimed to evaluate the extent to which the sustainable criteria are being used in bidding notices of the Federal University of São Carlos (UFSCar) and the Federal University of ABC (UFABC), both located in the State of São Paulo. The notices were obtained through the Comprasnet system. As a result of the research, it was detected that the Normative Instruction n° 01/2010 directly influenced the biddings in both IFES, however, serving only as mention without, however, effective means of evaluating its compliance. This was probably because the criteria expressed in this standard are not measurable most of the time. It was also verified that, when present, the sustainability clause does not express criteria to verify the sustainability of the product or service. The study allowed to conclude that, in general, it is not effective application of the principle of sustainability in the contracting of both IFES, which shows the difficulty of the public manager in using, in practice, substantial normative mandates on sustainability in bidding documents.