Governança de TI e conformidade legal no setor público: um quadro referencial normativo para a contratação de serviços de TI

AUTOR(ES)
DATA DE PUBLICAÇÃO

2008

RESUMO

IT outsourcing is a widely used strategy in public organizations, with high impact over IT governance.In COBIT 4.1 framework, IT processes legal compliance is considered one of IT governance pillars, and it must be achieved starting with systematic compilation of legal requirements. However, no IT legal requirements catalog was identified by this research for public sector IT outsourcing, which is a problem, since Brazilian Court of Accounts has been verifying frequent non-compliances in IT outsourcing procurement and contracts. By this reason, a Legal Reference Framework (Quadro Referencial Normativo - QRN) was developed for public sector IT outsourcing, by thematic categorical content analysis. QRN was conceived based on a generic model of public sector IT outsourcing process and it has 289 statements linking each process phase or step to respective legal and jurisprudential equirements. The selected sources cover aspects of Constitution, public organization, budgeting, public procurements and contracts, customer defense, author rights, information security and digital crimes, public policies and control requirements. QRN was presented to public managers from departments which work in IT outsourcing procurement and contracting of public institutions which act in Federal Public Administration control network. 122 of them responded a questionnaire in a non-probabilistic designed sample. Data was analyzed by Grounded Theory procedures. It was concluded that respondents recognized the Generic Model of process inserted into QRN as compatible with their processes, and the QRN as adherent to legal requirements and useful to public IT managers for obtaining improvement of IT outsourcing process, of its legal compliance, of IT outsourcing risk and transparency management, of knowledge about applicable legal requirements and of IT outsourcing governance and ooperation among participant areas.

ASSUNTO(S)

it services legal compliance it governance contratação conformidade legal serviços de ti ciências sociais aplicadas cobit me3 outsourcing governança de ti

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