FD - Faculdade de Direito

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Avaliação da gestão por organizações sociais como instrumento da política pública de educação profissional: diagnóstico crítico da experiência do estado de Goiás na perspectiva do constitucionalismo democrático
(Universidade Federal de Goiás, 2020-12-16) Barros, Renata Campos Bernardes; Coelho, Saulo de Oliveira Pinto; http://lattes.cnpq.br/6725961067847325; Coelho, Saulo de Oliveira Pinto; Carvalho, Luciani Coimbra de; Tavares Neto, José Querino
This article is part of the collaborative insertion of organized civil society in the management of public services, a phenomenon that started in Brazil with the State Reform. We focus on the experience of the State of Goiás in the management of professional education, in the face of the problem of the lack of a practice of monitoring and evaluating the results of this public choice and its effects on public policy on professional education. With the objective of constructing theoretical and methodological subsidies for structuring a diagnosis of this phenomenon, a research promoted a study on the process of managerial administrative management, focusing on the Brazilian experience of education management and emphasizing an analysis of the possibility conditions for the constitutional adequacy of this management choice, in view of public policy objectives. There was also a mapping of the experience of the Rede ITEGO, a structure of the Goiás government focused on offering professional education, in order to characterize its modus operandi and the insertion of social associations in this context, with an emphasis on the analysis of failures in terms of preparation, regulation and planning of contract monitoring and evaluation routines. At the end, it presents a first diagnosis of the performance of these associations, focusing on a legal analysis of public policy.
Resistências à aplicação da Lei Maria da Penha enquanto política pública - mapeamento exploratório de resistências jurisdicionais ilegítimas e crítica hermenêutica
(Universidade Federal de Goiás, 2024-04-03) Gonçalves, Ariane Patrícia; Coelho, Saulo de Oliveira Pinto; http://lattes.cnpq.br/6725961067847325; Coelho, Saulo de Oliveira Pinto; Miranda, Bartira Macedo de; Souza, Luanna Tomaz de
This is research consisting of exploratory mapping of decisions mitigating the effectiveness of the Maria da Penha Law (LMP). This law is understood as a structuring norm for a broad and articulated public policy to curb domestic and family violence against women, which is made up of several axes. For the purposes of this research, the axis of confronting and combating violence will be the object of analysis, made up of punitive actions and compliance with the Maria da Penha Law, whose implementation is carried out by the Judiciary. The research has an empirical, qualitative and exploratory nature, and its main documentary source is legal proceedings that are being processed in jurisdictional bodies in the state of Goiás. The only time frame is the entry into force of the Maria da Penha Law, on August 7, 2006, as the research is interested in judicial decisions issued at any time during the validity of the aforementioned law, which can be identified as illegitimate resistance to the effectiveness of this specific axis of public policy, in which the following consequences are identified: non-protection of women, non-accountability of perpetrator or situations of secondary victimization. The selection criteria were identified in exploratory reading. To select cases, requests were made to all Domestic and Family Violence Public Prosecutor's Offices in the State and to the Specialized Constitutional Appeals Prosecutor's Office. Furthermore, some cases were mapped by the researcher herself. In total, the exploratory research identifies and analyzes 38 legal cases in which the phenomenon of illegitimate resistance to the full effectiveness of the LMP was outlined. The mapping carried out does not intend to be an exhaustive mapping, since the main objective of the research is to highlight situations of resistance from the judiciary to the LPM, without the intention of quantifying the total amount or frequency of these situations. Once the exploratory mapping was completed, we proceeded to the content analysis of the decisions, focusing on the analysis of the legal rhetoric used (analysis of argumentative strategies), based on the theoretical references of the Hermeneutic Criticism of Law and the Feminist Analysis of Law. The contribution of this research consists of the effective qualitative analysis of the content of decisions, from the perspective of such references, highlighting the reproduction of gender inequalities by the Judiciary, especially in situations of violence against women, and demonstrating, in detail, the illegitimate interpretations in judicial decisions, which resulted in restriction of the protective and responsible effect of the LMP. This mapping, through a critique based on consistent theoretical and dogmatic references, serves to give visibility to these bad jurisdictional practices (constitutionally inadequate decisions), allowing a better understanding and reflection on the effects of the actions of judicial bodies as actors implementing the policy public policy studied, which should act in conjunction and synergy with the objectives of this public policy. In the end, the illegitimate resistance and respective consequences for politics and victims were compiled in a Technical Note. This product will be sent to the institutions of the justice system involved in the judicial processing of domestic and family violence, as well as to associative entities, commissions and forums involved in combating domestic and family violence, for the appropriate and possible measures for each
Controle dos incentivos fiscais de ICMS no estado de Goiás: um estudo de caso múltiplo das instituições de controle interno e externo nos âmbitos da atuação, transparência e articulação
(Universidade Federal de Goiás, 2022-06-17) Lolli, Eduardo Henrique; Coelho, Saulo de Oliveira Pinto; http://lattes.cnpq.br/6725961067847325; Coelho, Saulo de Oliveira Pinto; Tavares, Francisco Mata Machado; Silva, Maria Stela Campos da
The present work stems from theoretical and empirical research (multiple case study) with the objective of carrying out a diagnosis of the performance of 3 (three) institutions in Goiás (CGE/GO, TCE/GO and ALE/GO) in terms of internal control and external tax incentives and waiver of ICMS revenues, in the indicative period from 2014 to 2019, as well as developing forecasts for incremental improvements in the transparency and effectiveness of the respective control. The research can be classified as legal-descriptive, legal-propositional and, occasionally, legal-comparative, as well as exploratory in the theoretical part. For the evaluation of these institutions, 3 (three) criteria are considered, pillars of a constitutionally adequate control, namely, the effective exercise of the respective attributions in this matter; the access of the aforementioned institutions to information and data necessary for audits, inspections and other inspection work; and the existence of inter-institutional articulation between these institutions. In the context of the main approach methodology, the Case Study, the hypothetical-deductive method was used as support for the testing of phenomena and propositions; and, as instruments, bibliographic, jurisprudential and literature review, regulatory analysis (especially federal and state standards), collection of primary data through interviews with participants from selected institutions, collection of secondary data made available in active transparency or upon request access to information formulated by the author with public bodies and private entities and document analysis. It also used, as a starting point, the author's perceptions arising from the experience as one of the prosecutors who advised the CPI on Tax Incentives of ALE/GO between 2019 and 2020. importance of its evaluation; the Law and Public Policy Approach (DPP) applied to tax incentives; the understanding of fiscal incentives as public expenditure and as a subsidy/encouragement, based on the notion of extrafiscality; the 3 (three) pillars for a constitutionally adequate control of tax incentives and waiver of ICMS revenue previously presented and that can be summarized in the trinomial performance, information/transparency and articulation, in addition to considerations about the design of each program and type of incentive ICMS tax in the State of Goiás, based on the state of the art of legal discussions on the subject. The main results found are the late (and incipient, in many aspects) supervisory action by the controlling institutions, although it is possible to say that there have been some advances, especially from 2019; the institutions' difficulty in accessing information and data, notably at the taxpayer/beneficiary level, due to the imposition of tax secrecy, as well as the lack of transparency on part of the control actions developed; and a very incipient articulation between the institutions in this matter, especially until 2018. The main propositional conclusions of the study point to the need to strengthen the controlling institutions regarding the aforementioned pillars and, mainly, to increase transparency in this matter, including so that the civil society itself can exercise a role of control and pressure for state responsiveness in this matter.
Poder municipal e direito agrário: alcance do poder normativo municipal para regulação de atividades agrárias implicadas na tutela do desenvolvimento local sustentável
(Universidade Federal de Goiás, 2012-12-04) Morais, Rafaela Pereira; Melo, Luiz Carlos Figueira de; http://lattes.cnpq.br/9459320248524669; Coelho, Saulo de Oliveira Pinto; http://lattes.cnpq.br/6725961067847325; Coelho, Saulo de Oliveira Pinto; Marin, Eriberto Francisco Beviláqua; Carvalho, Luciani Coimbra de
This paper develops research on the scope and limits of Municipal Power in the regulation of agricultural activities in an attempt to demonstrate the relationship between the municipal powers outlined in the 1988 Federal Constitution, the system of government adopted in Brazil after the promulgation of this Constitution, constitutionalism and the relationship between the Agrarian Law, Environmental Law and Sustainable Development. The proposal is a (re) interpretation of the constitutional model of assignments skills with a focus on crosscutting and interdisciplinary social issues present in the body of the 1988 Constitution. Changing the concept of federalism, from its creation to the contemporary era, as is demonstrated through founding the (re) interpretation of the constitutional model described. Resulting from this new conception of federalism, are also altered concepts as democracy, citizenship, rule of law (for Rule of Law) and Fundamental Rights. From these premises, with the inclusion of the principle of human dignity as the foundation of the Federal Republic of Brazil is advocating that the city, as federal entity closest to the citizen, is the main entity capable of effecting sustainable local development, ensuring quality of life for present and future generations.
Políticas públicas de combate ao trabalho escravo rural contemporâneo no Brasil: análise da responsabilidade do Estado na erradicação da exploração da mão de obra escrava a partir dos paradoxos da realidade normativa, jurisprudencial e social brasileira
(Universidade Federal de Goiás, 2012-02-29) Nascimento, Arthur Ramos do; Reis, Daniela Muradas; Coelho, Saulo de Oliveira Pinto; http://lattes.cnpq.br/6725961067847325; Coelho, Saulo de Oliveira Pinto; Reis, Daniela Muradas; Santos Neto, Arnaldo Bastos dos
In o rd e r t o an a l yz e p ub lic p o li c ie s t o co m b at sla ve la b o r, t hi s p ap e r p re se nt s c o nsid e ra t io ns o n t he need t o imp r o ve me c ha n ism s t o co mb a t, as we ll a s t he r e co gnit io n o f st a t e re sp o ns ib i lit y a nd t he ju d ic i a l re vi ew o f t he se p o l ic i es. T he p r ese nt ed st u d y co nc ep t s ab ou t co nte mp o r ar y sla v er y i n r u r al ar e a s a s a w a y o f i nd ic a t ing i t s mo r e imp o r t ant to t hi nk ab o u t mec ha ni sm s t o co mb a t ef fe ct i ve a nd effi c ie nt. I n t hi s d ir e ct io n we e xa mi ne t he p o li c ie s, st a nd ar d s b ased a nd p ar ad o xic a l asp ec t s o f Br az i l i a n r e a lit y. T he re se ar c h a l lo we d to ob ser ve t hat t he p er p e tu a t io n o f co nte mp o r ar y sla ve r y i s no t b y l ac k o f st a nd ar d s, b u t it s no n-im p le m e nt at io n b y t he Go ver n me nt . A lt ho u gh c ap ab le o f imp r o ve me nt , t he e xi st i n g st a nd ar d s wo u ld b e su ffic i e nt t o er ad ic at e t he p r ob lem , i f t he st at e' s m ec ha ni sm s w o u ld w o rk i n f a vo r o f hu ma n r i gh ts. It p re se nt s so me su gg est io ns i n t he se a rc h fo r im p ro vem e nt o f e xi st i ng p u b li c p o lic i e s a im i ng fla w s a nd str e ngt hs t o co ns id er . Aft er c o nsid e r i ng t he p a rad o xes no rm at i ve ju ri sp rud enc e a nd so c ia l re a l it y o f Br a z i l no te d t he r e l at i ve i ne f fi c ie n c y o f p r e ve n t i ve po l ic i es, b u t t her e are st i l l i nsi gni f i c a nt i n q u ant i t y, a nd l ac k o f go ve r nm e nt i nve st m e nt i n p u b lic p o li c y t o co op er at e i n co mb a ti n g co nt em p o r ar y ru r a l sl a v e lab o r.
Mineração e desenvolvimento constitucionalmente adequado: análises com enfoque em políticas públicas e diagnósticos dos impactos da mineração para o (não) desenvolvimento local em Goiás
(Universidade Federal de Goiás, 2020-12-16) Neves, Alice Santos Veloso; Coelho, Saulo de Oliveira Pinto; http://lattes.cnpq.br/6725961067847325; Campello, Lívia Gaigher Bósio; Silva, Robert Bonifácio da; Coelho, Saulo de Oliveira Pinto
The mining activity is highlighted in the scenario of the State of Goiás, but what is its return with the expansion of local Public Policies? This research lends itself to investigating whether the impact of mining activity on local development is negative or positive in the municipalities of the State of Goiás. A discussion is proposed based on scientific evidence, in favor of improving local development, in contrast the two rhetorical disputes in the mineral sector, one in favor and the other against mining. A critical diagnosis of mining activity is carried out in the municipalities of Goiás, by raising different social indicators related to mining municipalities in Goiás, which are then refined, according to a careful methodology, to enable pairing with other non-mining municipalities, with a wide range of interpreted data. from contemporary constitutionalism from a critical perspective. In all the mining municipalities analyzed, there are no elements translated into the various development verification indexes that would make these municipalities stand out over non mining municipalities. This finding frustrates the positive view linked to mining activity and leads to a more accurate look by the Public Administration on the values and effective uses of CFEM, which enables a more inclusive, constitutionally adequate municipal development. In the end, based on the diagnosis made and based on the scientific evidence raised, some propositional analyzes are indicated.
Efetividade da democracia deliberativa em municípios de pequeno porte: pesquisa ação para atuação do Ministério Público na promoção da participação social nas escolhas públicas
(Universidade Federal de Goiás, 2020-02-13) Silva, Leonardo Seixlack; Coelho, Saulo de Oliveira Pinto; http://lattes.cnpq.br/6725961067847325; Coelho, Saulo de Oliveira Pinto; Neves, Cleuler Barbosa das; Ferreira, Daniel
The present work has as its object the analysis of instruments of deliberative democracy in political institutions, with a focus on the concern for an effective social participation in these organizations and on the search for interventions capable of promoting democratic improvement of these instruments, notably through a co-participative performance and non-substantialist resolution of the Public Prosecutor's Office. To this end, an action research was carried out to carry out diagnoses, plans, actions and evaluations aimed at improving social participation in institutions of the local government. It starts with the problem context related to the low democratic quality and the low effectiveness of social participation in institutions aimed at this purpose. The research is limited to three instruments: councils of municipal public policies, public hearings and mechanisms of active and passive transparency. In view of the perception of a problem context of low effectiveness of these instruments, the research aims to understand how an efficient performance of the Public Prosecutor's Office is possible, in the sense of verifying institutional flaws and practices established in these deliberative instances, aiming to build better ways of acting in guaranteeing effective social participation. It started from the theoretical references of deliberative democracy, notably in the formulation of Jurgen Habermas, corrected by the theory of directly deliberative polyarchy, developed by Joshua Cohen, which rehabilitates the importance of institutionally constituted spaces for the effectiveness of democratic proceduralism. Due to professional characteristics, the present action research was geographically limited to the Municipality of Mossâmedes (GO). For this, the methodological protocol used research techniques to survey and systematize primary data, document analysis, conducting semi-structured interviews and applying questionnaires. A complete cycle of action research was carried out for each participatory instrument investigated, starting with a previous diagnosis, with case study characteristics, which was followed by a systematic planning of actions, monitored implementation of interventional actions and, sequentially , evaluation of the results achieved with the interventions and the cycle of action research carried out. The main results of the research were: the verification through diagnoses that there are serious failures in the functioning of the instruments of deliberative democracy in institutionalized organizations, compromising the effective social participation in the formulation of public policies in small municipalities; the finding that the Public Prosecutor's Office must act in a co-participatory manner to correct and overcome these failures; the identification, on the other hand, of the need for the Public Prosecutor's Office itself to adopt a less substantialist and more dialogical stance, in order to prevent the performance from becoming a substitute for social participation, which is constitutionally inadequate; the identification that action research is an adequate methodological strategy to guide efforts aimed at institutional improvement of the practices and routines of the Public Prosecutor's Office; the elaboration, as a result of the action research developed, of a roadmap indicating the best practices to be adopted by the Public Prosecutor's Office in small municipalities in improving the conditions for greater social participation in the construction of public choices in these places.

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