Programa de Pós-graduação em Direito e Políticas Públicas
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Item Métodos de solução consensual dos conflitos na administração pública ambiental: uma via à efetividade(Universidade Federal de Goiás, 2020-12-21) Mascarenhas, Letícia Martins de Araújo; Neves, Cleuler Barbosa das; http://lattes.cnpq.br/3567330317986829; Neves, Cleuler Barbosa das; Carvalho, Silzia Alves; Vieira, Ricardo StanziolaThis is a dissertation, developed in the Master in Law and Public Policies of the Federal University of Goiás, which seeks to evaluate the methods of consensual conflict resolution within the scope of Public Environmental Administration as a path to effectiveness for guaranteeing the constitutional right to the ecologically balanced environment, provided in art. 225 of the Federal Constitution. Thus, the study begins with a review of the traditional approach of Administrative Law, reaching the consensual Public Administration paradigm. The study then proposes a specific analysis of the environmental administrative process, an institute that is essential for the protection of the environment, also focusing on the current rules that provide the consensual solution of conflicts, focusing on the Complementary Law of the State of Goiás n ° 144/2018. An approach is taken about the concern with the environment, the main milestones to guarantee its protection, as well as the theory of the Right to the environment ,in order to demonstrate the role of the administrative process for the realization of this right. Afterwards, using all the bibliographic review undertaken, the research investigates how the consensual solution of conflicts has been used to guarantee effectiveness in protecting the environment, by studying the reality in practice. The adopted methodology to the development of the research was a qualitative research with a bibliographic review approach for the development of theoretical questions, with the aid of semi-structured interviews and documentary analysis of agreements formulated in environmental matters, as an empirical proposal, in order to make a counterpoint between theory and practice. The research concluded that, through the analysis carried out, that it is possible to list three main advantages of the consensual resolution of conflicts involving the Environmental Public Administration, that is, the conflict is decided through dialogue, the decision will be legitimate insofar as it is built through a democratic process and the procedure will be faster and consequently more economic.Item TCU e stare decisis administrativo: o caso das cláusulas restritivas em editais de licitação de obras de engenharia(Universidade Federal de Goiás, 2019-08-28) Naves, Fernanda de Moura Ribeiro; Neves, Cleuler Barbosa das; http://lattes.cnpq.br/3567330317986829; Neves, Cleuler Barbosa das; Motta, Fabrício Macedo; Ribeiro, Leandro MolhanoThe impacts of the costs of corruption are notorious in jeopardizing the effectiveness of public policies in Brazil, whose increase may be related to the lack of effective oversight by the control bodies. The concomitant control of irregularities in public bildings bids by the Audit Courts is justified, since it is in the internal phase of the event that the definition of the object, the rules of authorization and the conditions of execution occur, which may allow its direction and preset a victor of a future dispute; or even generate the impossibility of its realization. Bids and administrative contracts for engineering works and services are endowed with technical peculiarities that require the interpreter and the applicator of the Special Law to pay attention to the insertion of potential restrictive clauses of the competitive nature in their convening acts. Thus, it is defended the concomitant control of public bidding for works by the Courts of Accounts as a public policy of corruption’s prevention. In this context, the term "restrictive clause to competitive character" is an indeterminate legal concept, the occurrence of which may attract external control by the competent court or court. The jurisprudence of the Federal Court of Audit (TCU) can give the manager an important source of knowledge for making decisions regarding the planning and execution of its activities, functioning as an instrument to induce good practices, avoiding the occurrence of irregularities, correcting the asymmetry of information among the jurisdictions. However, a large volume of guidelines on bids and administrative contracts generated by the TCU has the potential to create interpretative difficulties for its jurisdictions. Considering the TCU as a constitutional court, whose judgments must form administrative jurisprudence to be followed by the Public Administration, it is desired with this study to evaluate if said court uses its decisions as precedents in the matter of bids and contracts for the judgment of analogous cases, using as an example examples of clauses restrictive to the competitive nature of public works bids extracted from bibliographical research. It was verified that the TCU has not yet incorporated the system of precedents in its decisions, through a search in its basis of judgments available on the internet, which may lead to the application of reprimands that disregard the principles of isonomy, integrity, impersonality and legal certainty, because it jeopardizes the coherence and the rationability of the decisions issued in the external control processes. The conclusion of this study pointed to the need to improve TCU's decisions, and this court should have two agendas: one to overcome historical weaknesses such as the need to consolidate jurisprudence and improve and harmonize proceduralism (which should be typical and autonomous) and another focused on the incorporation of new technologies, such as artificial intelligence, to work routine, with possible agreement with the Superior Court of Justice (STJ) to improve its jurisprudence service and indexation of its judgments, to avoid legal uncertainty, with the provision of the judgments in a standardized way, with a simple structure, intuitive access to their electronic address, using clear and accessible language.Item Inteligência artificial na análise de patologias corruptivas: delimitação jurisprudencial nas decisões do TCU do conceito aberto de cláusula restritiva ao caráter competitivo em editais de licitação(Universidade Federal de Goiás, 2020-12-22) Silva, Sérvio Túlio Teixeira e; Neves, Cleuler Barbosa das; http://lattes.cnpq.br/3567330317986829; Neves, Cleuler Barbosa das; Peixoto, Fabiano Hartmann; Coelho, Saulo de Oliveira PintoIn Brazil, the innovations brought by the new Civil Procedure Code (Law No. 13105/2015), formalized the importance of using precedents at all levels in the Brazilian legal system. This research arises from the need to congregate all decisions that deal with the same theme, in contrast to simple keyword searches used these days, in order to provide greater legal certainty. In administrative law, the Brazilian Federal Audit Court’s (TCU) decisions serves as a guide for public actions, as they establish practical criteria that allow public managers to conclude for a possible solution in a specific case. In this context, this empirical research had as main objectives: (i) to create a replicable method of delineating jurisprudence and identifying precedents with the use of Artificial Intelligence (AI) applicable, above all, to TCU decisions that deal with clauses restricting the competitiveness in bidding notices; and (ii) to contribute to the administrative precedents culture sedimentation and to the jurisprudential delimitation of indeterminate legal concepts, especially those related to corrupt practices. The area chosen for jurisprudential extraction application is found at the heart of frauds in public bidding, that one of its corruption pathologies is the existence of clauses in bidding notices that restrict the competitiveness in public purchases. Thus, this research tested AI techniques (text mining for document classification) in the TCU decisions (between 1992 and 2018), with the purpose of systematize the jurisprudential delimitation and consequent unambiguous administrative precedents identification, which give concreteness to the concept of competitiveness restrictive clauses. More than 300 judgments, previously labeled in 11 different classes related to bidding clauses considered restrictive to the competitive nature of the public purchase, were used to train machine learning and deep learning models for multilabel classification, in order to verify whether the machine would be able to point out which others TCU decisions were related to any of these classes. The results using convolutional neural networks for the training and test phases proved to be reasonable, as they presented an evaluation metric of 82.69%. However, in the supervised assessment stage, the trained deep learning algorithm was inconclusive for the desired jurisprudential delimitation. Despite the unsatisfactory results this research was successful, at least partially, in reaching its general objectives, since the mapping of the computational state of art applied to the research problem and the operational details described provide know-how transferring for futures research that envisages the use of AI for jurisprudential systematization. It was also demonstrated the importance of systematically tracking administrative precedents so that there is greater legal security not only for public managers in their administrative actions, but also in improving the algorithms used by AI applications that search for possible irregularities, such as Alice the robot from TCU. Still, this study presents the construction of the jurisprudential line with indication of the probable administrative precedents and their rationes decidendi for the cases of clauses in bidding notices, considered restrictive because they demand technical capacity from bidders in an irregular manner.