O Termo de Ajustamento de Conduta (TAC) na gestão administrativa disciplinar: uma proposta para as universidades federais

Abstract

The Disciplinary Administrative Procedure - DAP is the traditional procedure for determination of responsibility for infraction committed by public servants. It occurs that most of the time this type of process is triggered to investigate conduct of low offensive potential, resulting in filings or punishments irrelevant that do little to improve the offender's behavior and/or quality of public service. Considering that the Conduct Adjustment Term (CAT) is an instrument already consolidated in other areas, the objective of the research was to analyze it as a good governance mechanism for improving management disciplinary action and an alternative means to the establishment of the DAP. For this, an analysis was made documentary and qualitative comparison of the standards issued by the General Controllership of Federation (GCF) that introduced the subject in a disciplinary scope. It was also held a literature review of the last ten years, in order to identify how it has been outlined the subject in the correctional area and the critical evaluations about it. Finally, a quantitative and qualitative analysis of secondary data obtained from the reports sent by federal universities of Minas Gerais, Brazil, comprising the period of 2015 to 2020. The evaluations resulting from the comparison and the review pointed out failures and legal, operational and attitudinal gaps that deserve the engagement of entities to strengthen good governance practices, such as reducing bureaucracy and efficiency improvement through CAT. The analysis of secondary data revealed that most penalties of lesser offensive potential are related to non-compliance with rules or irregularities in compliance (such as absence/unpunctuality), or those related to interpersonal treatment (lack of promptness, appreciation/disappointment and acts inadequate). Of the penalties applied, it was found that almost 75% referred to conduct that could adhere the CAT. As for the procedural phase, almost 55% resulted in dismissals and/or acquittals and 21% in prescribed infractions (neither have been investigated). The unions (used for light sentences) represented 2/3 of filed cases. The CAT showed low adherence since that emerged in 2017, since only half of the UFs analyzed adopted it, not reaching 2 TACs on average over the entire period. This research proposed an Action Plan with recommendations that may serve as a strategic guide for improving the disciplinary management for Federal Universities.