Programa de Pós-graduação em Direito e Políticas Públicas

URI Permanente desta comunidade

http://200.137.215.59/tede/handle/tede/8153

Navegar

Agora exibindo 1 - 20 de 43

A assistência educacional nas prisões: a gestão por organizações sociais e parcerias público-privadas na esteira da reforma do Estado
(Universidade Federal de Goiás, 2019-08-02) Bittencourt, Liliana; Santos, Pedro Sérgio dos; http://lattes.cnpq.br/2482709117669752; Coutinho, Ana Luísa Celino; Azevedo Neto, Platon Teixeira de; Santos, Pedro Sérgio dos
The flowing change of Brazilian State’s form brought with it the pressing need to face the concrete outsourcing of traditionally public functions including the administration of prisons. Formal education during imprisonment is one or those administrative functions and one very delicate, complex and poorly understood. The new juridical tools, established by recent laws that aim at privatizing in the new mood, fell under scrutiny in so far as they may or may not be compatible with the task of catering to inmates taken as pupils. Pacts and agreements with non-profits, or contracts to outsource prison maintenance to the private sector may not guarantee the perfect or at least the efficient focus on pedagogy __ or andragogy, for that matter. The issue is multidisciplinary in its nature, and begged considerations in educational philosophy, anthropology, politics, sociology, before a proper study in matters of law could begin. Criminal, procedural, constitutional and administrative laws were called into question in an intermingled approach. The intertwined elements of theory and data gathered through probing questionnaires show that it is not possible, at the moment, to draft a consistent public policy plan on prison educational practices. The lack of relevant sources turns into mere conjectures the relations of cause and effect between education delivered in state-owned penal institutions, or in private administrated prisons, and recidivism rate, employability and, last but not least, personal development. News from Nordic countries are taken at face value from published researches to serve as a touchstone in defining the singularity or generality of the problems found in some Brazilian states. Those countries were chosen in view of their privileged ranking in education assessment.
Administração pública, conflito e arbitragem: política pública de acesso extrajudicial à justiça
(Universidade Federal de Goiás, 2019-08-12) Natal, Miccael Pardinho; Azevedo Neto, Platon Teixeira de; http://lattes.cnpq.br/2017473090623178; Azevedo Neto, Platon Teixeira de; Vasconcelos, Antônio Gomes de; Vieira, Lucas Bevilácqua Cabianca
This research lends itself to investigate the phenomenon of arbitration within the Public Administration. In this sense, it begins by studying the so-called consensus management paradigm, in which the state opens itself to the consensual solution of conflicts. It also focuses on the general study of arbitration, exploring its character, at the same time, contractual and jurisdictional, identifying its elements and pointing to how they come to be conceived when the Public Administration participates in the process, either as a party, or in the position of arbiter. A conflict analysis is made, indicating, from game theory, how in the arbitral process the conflicting parties can behave cooperatively, even though they occupy opposite poles. Then, using a functional analysis of the law aimed at a legal study of public policies, is investigate how arbitration can function as a public policy of access to justice, having instrumental (media) and teleological (end) content characteristic of a public policy. There is a qualitative research, with a bibliographic documentary approach, for the development of the theoretical questions, with the aid of case study. It also uses the dialectical-argumentative method, taking advantage of elements of the rhetorical study of law. As for the theoretical references, the research uses post-positivism, philosophical hermeneutics, the functionalist approach to law and game theory applied to conflicts.
Políticas públicas: sustentabilidade financeira dos contratos administrativos
(Universidade Federal de Goiás, 2019-08-26) Oliveira, Antônio Flávio de; Motta, Fabrício Macedo; http://lattes.cnpq.br/1446078229301388; Motta, Fabrício Macedo; Freitas, Leonardo Buíssa; Mânica, Fernando Borges
It was argued by some authors that sustainability corresponds to a principle and not only a criterion included in public procurement and contracting, it was understood for some time that this would only be an influx of the environmental question on the expenses that the Public Power would perform, without granting it a broader connotation, to cover aspects such as the existence of correspondence between economic means and the necessary expenditures. The vision of sustainability as a principle and not just as a criterion, leads to the need for public policies themselves to be designed by observing it. Therefore, from this perspective, it is necessary to adopt mechanisms that allow the sizing of public expenditures that stand out from bidding and contracting leading in a planned way, so that there is a correspondence between resources and needs that will be met. With the collection of data on works inspected by the Brazilian Court of Auditors, two interesting and equally relevant aspects for the control of public expenditures were found. The first one, which was not a research scope, was the difficulty of obtaining data that should be made available on transparency sites; while the second corroborated the hypothesis originally formulated that the lack of planning compromises the economic sustainability of public works and services, delaying them and increasing the final value. It ends with the presentation of recommendations that, adopted, may give greater sustainability to the administrative hirings.
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 Molhano
The 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.
Efetividade regulatória para a universalização dos serviços de abastecimento de água e esgotamento sanitário na região metropolitana de Goiânia
(Universidade Federal de Goiás, 2020-01-18) Cunha, Danilo Guimarães; Tavares Neto, José Querino; http://lattes.cnpq.br/2420742587515754; Tavares Neto, José Querino; Costa, Andrea Abrahão; Pinto, Felipe Chiarello de Souza
Universalization is the guiding principle of sanitation, and the presence of a regulatory body is a normative imposition. This public service is characterized by the vulnerability of the consumer-user, given the characteristic monopoly of this essential service. The challenge is even greater for expansion in metropolitan regions with neighboring Municipalities. The institutional arrangement of metropolitan regions was brought to state competence without homogeneity at the national level, bringing challenges to inter-federative governance. Although the holder of the local service is the Municipality, the Supreme Federal Court laid the foundations at the regional level, allowing for compulsoriness. In this scenario, we seek to understand whether the regulation has been effective for the universalization of sanitation in the Metropolitan Region of Goiânia. The research had an exploratory character of national and regional legislative production, adding jurisprudence and literature on the subject, using the technique of bibliographic research. In order to carry out the formative evaluation, an empirical research was carried out with data from the National Sanitation Information System. There is a lack of homogeneity in the provision of services in this region, with municipalities showing good rates and other bad rates, and in comparison with the last 10 years of the data available in order to carry out the prospective analysis, we found that the progressive expansion should be enhanced. We seek to point out that the regulatory entity must be unique, because when understanding the normative structure and the competences, it is observed that the non-integration of the system, with a single regulatory entity, would be harmful to the population directly interested. The State and Metropolitan Plans have not yet been formalized, which to some extent undermines regulatory action, which has not yet been defined by the metropolitan entity, although there is a state regulatory agency and a municipal regulatory agency in the capital.
Política penitenciária: ação dos conselhos da comunidade e sua correlação com a taxa de ocupação do cárcere em Goiás, de 2017 a 2018
(Universidade Federal de Goiás, 2020-02-07) Vasconcelos, Joel Pacífico de; Miranda, Bartira Macedo de; http://lattes.cnpq.br/5889103843439878; Miranda, Bartira Macedo de; Cardoso, Franciele Silva; Santos Neto, Arnaldo Bastos; Costa, Andrea Abrahão; Vasconcellos, Vinícius Gomes de
Under the title Penitentiary Policy: action by the Community Councils and its correlation with the prison occupancy rate in Goiás, from 2017 to 2018, this dissertation surveys the situation of the penitentiary system in Goiás, focusing on its occupancy rate, which allows us to affirm that there is a prison overpopulation in this state. Faced with this problem, it presents an empirical research on the possible relationship between the performance of the Community Councils and the reduction of incarceration rates, carried out in the years 2017 and 2018, concentrated in prisons in Goiás. It presents the data of the Brazilian prison system, with clipping to the data of the State of Goiás, from years 2017 and 2018, to affirm that the occupation rate in Brazil has always been above the recommended. The work raises the hypothesis that the actions developed by the Community Councils, a criminal enforcement agency, with each prison unit in the State of Goiás, have a positive impact on prison conditions. The choice was not random and was based on the fact that the Community Council, among the organs of penal execution, is the one representative of the local population and, therefore, allows implementing democratic and participatory prison policies. Based on this hypothesis, the research includes the collected data and presents a conclusion that can guide public policy developers in decision-making. The empirical research did not confirm the hypothesis initially formulated, justified by the absence, imprecision or inaccuracy of the data. However, it allowed to observe a discreet correlation between the work of the Community Council and the rate of prison occupation.
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.
A autocomposição como política pública de tratamento de conflitos administrativos na UFG a partir de 2019: a CPRAC – Câmara de Prevenção e Resolução Administrativa de Conflitos
(Universidade Federal de Goiás, 2020-11-30) Pires, Rodrigo Corrêa; Costa, Andréa Abrahão; http://lattes.cnpq.br/2926748366855225; Carvalho, Sílzia Alves; http://lattes.cnpq.br/4479623908963181; Carvalho, Sílzia Alves; Costa, Andréa Abrahão; Gabbay, Daniela Monteiro; Azevedo Neto, Platon Teixeira de
The present work approaches a new proposal of Public Administration action, moving away from the traditional hierarchical model and adopting a dialogical posture, promoting the consensual resolution of conflicts. The theoretical framework starts from the analysis and discussion of Game Theory, an articulation that served as a basis for the Harvard Negotiation Program which, although established on a quantitative view of the use of conflict self-composition, is based on conflict negotiation procedure under a principiological bias, where the search for an agreement that pleases both parties becomes its main object. The state's duty to promote good administration is also addressed by correlating the institute with obtaining satisfactory levels of efficiency from the perspective of the unavailability of the public interest and the promotion of public policy of consensus. In this sense, the law from the conflict will be analyzed, moving away from the heterocompositive model based on the “culture of the sentence” and moving towards the “culture of dialogue”, both in the Judiciary and in Public Administration. In this area, the practical case of the Federal University of Goiás will be analyzed, which instituted a structure aimed at the administrative resolution of conflicts based on conflict mediation techniques.
Política pública de enfrentamento à obesidade e tributação seletiva do ICMS na cesta básica: estudo de caso – México e Chile
(Universidade Federal de Goiás, 2020-12-04) Freitas, Gabriel Buissa Ribeiro de; Vieira, Lucas Bevilacqua Cabianca; http://lattes.cnpq.br/7573576110391005; Vieira, Lucas Bevilacqua Cabianca; Neves, Cleuler Barbosa das; Silveira, Paulo Antônio Caliendo Velloso da; Azevedo Neto, Platon Teixeira de; Almeida, Carlos Otávio Ferreira de
The research investigates the possibility of using the principle of selectivity according to the essentiality of the product as an instrument of a public health policy in the preventive fight against obesity. The number of overweight and obese people grows exponentially each year. The medical bibliography shows us that a population with a high number of obese people will, consequently, be a population that will increase health expenditures and, as a result, seeking a public policy that prevents this ripple effect will make a healthy future for finance possible. public. The public program that is developed throughout this work aims to use tax means to stimulate or not the consumption activity of certain products, taking as criterion their essentiality for a healthy diet. Therefore, we debate the issue of the minimum food policy, the basic food basket, in order to discuss whether it is today consistent with a state action to promote health. In the world, there is the use of so-called junk food or fat taxes, which promote the overtaxing of foods with high levels of sugars and salt. The bibliographic review allows us to affirm that such measures need a balance with tax incentives for healthier foods, thus avoiding regression on those who would be most affected. Likewise, the program to combat obesity needs to be complete, also visualizing policies for regulation, information and nutritional education, as will be seen in developed case studies.
O PROUNI como política pública: constitucionalismo, renúncia tributária e transparência da ação administrativa
(Universidade Federal de Goiás, 2020-12-10) Anjos, Silvestre Gomes dos; Coelho, Saulo de Oliveira Pinto; http://lattes.cnpq.br/6725961067847325; Freitas, Leonardo Buissa; http://lattes.cnpq.br/3766748281418212; Freitas, Leonardo Buissa; Coelho, Saulo de Oliveira Pinto; Silva, Robert Bonifácio da; Rodrigues, Horácio Wanderlei
This text is the result of research carried out in the studies of the professional Master's degree offered by the Postgraduate Program in Law and Public Policies at the Federal University of Goiás and includes legal, administrative and economic aspects linked to the University for All Program. The study aimed to suggest the possibility of maximizing the efficiency of resource allocation, providing subsidies for the improvement of this public policy and for a more present future control of public administration. The work, with the concern of verifying the possibility of expanding the offer of places in higher education, found the issue of the incipient control in fact exercised by the Union over this specific waiver of tax revenues. The findings, through information requirements to the agencies, reveal the little concern of the Ministry of Education and the Special Secretariat of the Federal Revenue of Brazil, uncoordinated among themselves, with the adequate control of the total and per capita costs of this Program for society.
Instituições Federais de Ensino Superior como instrumento de política pública de inclusão social sob o viés constitucional: o caso da Universidade Federal de Goiás
(Universidade Federal de Goiás, 2020-12-14) Cruvinel, Pedro Henrique Moreira; Tavares Neto, José Querino; http://lattes.cnpq.br/2420742587515754; Tavares Neto, José Querino; Castro, Matheus Felipe de; Carvalho, Silzia Alves
Higher education in Brazil at the time of the Colony was aimed at elites. Unlike Spanish America, Brazil had no University as a Colony of Portugal. Thus, an elite from the colonial era formed in Coimbra together with a metropolitan elite, sharing the same habitus, which reinforced the Portuguese Empire unity. French sociologist Pierre Bourdieu explains how habitus influences an interaction of the individual-duo in the social field, in addition to revealing the means of domination existing in each social field, a domination that uses symbolic violence. In this sense, the Brazilian University, especially as Federal Institutions of Higher Education, is evaluated as spaces in which the subjects establish different interactions, each with their own interests. Thus, because they have autonomy, as IFES they ended up developing inclusive public policies, with a modifier to change their elitist profile. This time, the Federal University of Goiás (UFG) will serve as a paradigm to assess whether such policies were able to change their habitus.
Incentivos fiscais no estado de Goiás: tênue divisão entre política pública eficiente e renúncia fiscal nos programas Produzir e Fomentar
(Universidade Federal de Goiás, 2020-12-14) Lisbôa, Mateus Rocha de; Vieira, Lucas Bevilacqua Cabianca; http://lattes.cnpq.br/7573576110391005; Freitas, Leonardo Buissa; http://lattes.cnpq.br/3766748281418212; Freitas, Leonardo Buissa; Vieira, Lucas Bevilacqua Cabianca; Motta, Fabrício Macedo; Elali, André de Souza Dantas
The present research seeks to analyze the effectiveness, efficiency and effectiveness of the Fomentar and Produir programs in the State of Goiás. Such programs consist of financial and tax incentives of ICMS aimed at the development of industrial activities in Goiás, aiming at the development of this economic activity in particular. The performance analysis of such programs is carried out in this research through the development of the theoretical framework that underlies the granting of tax incentives in the Brazilian context. Thus, it is essential to understand the theory related to fundamental rights and taxation, which will serve as a theoretical substrate for this research. Still, consequentialist analyzes of the Law become important to obtain an understanding of the relationship between the normative impact in the economic field, such theories being important for the verification of how this relationship is processed. The third theoretical aspect of this study consists of the study of public policies as an interdisciplinary category that enables greater knowledge about structured political mechanisms for the effectiveness of rights. This research will also develop concepts related to Brazilian fiscal federalism, inserted in a context of unequal historical construction between the regions of the country. Finally, the study of the constitutional principles governing the granting of tax incentives becomes a theoretical element of outstanding importance for the analysis of the limits and contours that must be respected by these tax incentives. Then, an empirical analysis of the social, economic and political data related to the Fomentar and Produtores programs will be carried out, so that it is possible to obtain answers regarding the effectiveness, efficiency and effectiveness of these incentives. In the end, criticisms are made of the referred programs, as well as analysis regarding the new fiscal incentive program in the State of Goiás and the possible projections for this matter.
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.
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.
Desencontros entre planejamento e controle na implementação de políticas públicas: análise do PPA 2016-2019 do estado de Goiás e o controle de contas
(Universidade Federal de Goiás, 2020-12-17) Gomes, Vera Núbia Zandonadi; Coelho, Saulo de Oliveira Pinto; http://lattes.cnpq.br/6725961067847325; Freitas, Leonardo Buissa; http://lattes.cnpq.br/3766748281418212; Freitas, Leonardo Buissa; Coelho, Saulo Oliveira Pinto; Conti, José Maurício; Silva, Robert Bonifácio da
The theoretical and empirical study finds that the budget system in the constitutional and infra-constitutional context is, in its abstract design, sufficient to develop in responsible financial planning, but it is still used inefficiently. The research investigates, using a case study approach methodology and qualitative quantitative analysis procedures, whether the PPA 2016-2019 in the State of Goiás can be considered an effective planning tool in controlling the execution of public policies, an analysis carried out intertwining the nuances of LDO's and LOA's from the same period. Execution flaws are noted, such as: low adherence to what was planned; excess commitment cancellation; discrepancy between programs by area; actions marked as priority with zero or very low level of execution. It demonstrates how the control of public policies is on the national scene, especially by the Courts of Accounts, certifies that they contribute to the consolidation of the democratic rule of law. It verifies the panorama of public policy control by the TCE-GO, in the same timeframe, in relation to the PPA programs object of the case. The situation highlights the need for the control body to exercise its noble constitutional mandate with greater diligence. In view of the detected scenario, a “Systematic Monitoring of the Current PPA” panel proposes, based on good governance, working in a systematic way, providing data that allow directions for control actions with areas of greater risk, generating greater value for society in guaranteeing fundamental rights.
Gestão compartilhada de políticas públicas: o caso dos institutos tecnológicos do estado de Goiás
(Universidade Federal de Goiás, 2020-12-17) Freitas, Daniella Paula de; Tavares Neto, José Querino; http://lattes.cnpq.br/2420742587515754; Tavares Neto, José Querino; Coelho, Diva Júlia Sousa da Cunha Safe; Bier, Clerilei Aparecida
As this is a new form of management by the Public Administration in dealing with Public Policies, shared management needs to be researched and studied so that, using the data collected, its results can be verified. Therefore, this research started from the following problem: What were the results regarding the effectiveness, efficiency and effectiveness presented by the management shared between the public and the private in the management of the Technological Institutes of the State of Goiás (ITEGOS)? To this end, we sought to evaluate the reports of the activities of the Social Organizations IBRACEDS, FAESPE, REGER, CEGECON and CENTEDUC in the management of ITEGOS in the years 2017, 2018 and 2019, as well as the announcements of courses offered in the year 2019, the single year already closed in which all OSs were active and with data available on the transparency portal. It was found that the Public Policy model of shared management, in general, despite being effective, has low efficiency and is not effective in the sense of providing social impact and causing socioeconomic change in the lives of students.
Negociação na fase administrativa da desapropriação sob o prisma da análise econômica do direito
(Universidade Federal de Goiás, 2020-12-18) Torres, Daniel Lopes Pires Xavier; Carvalho, Sílzia Alves; http://lattes.cnpq.br/4479623908963181; Carvalho, Sílzia Alves; Costa, Andréa Abrahão; Silva, Clarissa Sampaio
This work aims to emphasize efficiency as a fundamental guide for administrative action, through openness to consensus and selective use of imperativity. In the administrative phase of expropriation, it is necessary to establish a summary contradictory, in order to hear the expropriated and improve the preparation of the appraisal report. It dialogues with the economic analysis of law, to suggest the advantage of negotiation as a way to obtain a more efficient solution for the public entity, compatible with the economy of public resources and the maximization of wealth for society. To this end, it is necessary to strengthen the performance of Public Law and regulation, within the scope of each public entity, the administrative phase of expropriation. Finally, an empirical study is presented on the judicial processes of expropriation for public utility and social interest proposed by the direct and indirect public administration in the State of Goiás.
Tribunal de Contas e controle da corrupção: discussão conceitual e diagnóstico
(Universidade Federal de Goiás, 2020-12-18) Mesquita, Saulo Marques; Motta, Fabrício Macedo; http://lattes.cnpq.br/1446078229301388; Motta, Fabrício Macedo; Silva, Robert Bonifácio da; Bitencourt, Caroline Müller
The present research has the scope of investigating the performance of the Court of Accounts of the State of Goiás with regard to the fight against corruption. As an institution that is part of the external control system, this Court has important powers that can be used for this purpose. From this perspective, the institutional perception regarding the problem of corruption is verified, exploring the suitability of the existing instruments to enable the identification of situations that can be considered corruption, and also the way they are employed within the researched institution, particularly regarding the developments related to the accountability of agents involved. For this purpose, the research reaches the lawsuits initiated between 2008 and 2018, aiming at determining the level of identification of evidence and/or proofs, satisfaction of the respective convictions and referral to external institutions. Founded on the hypothetical-deductive method, empirical research is preceded by the study of the characteristics of the Courts of Auditors system and the control activity, as well as the theoretical framework inherent to corruption, which is understood as the social, political and legal phenomenon that represents disrespect for ethics, morals and the norm, by submitting the public good to the private interest, as a rule aiming at obtaining an undue advantage, for oneself or for others, with direct or indirect violation of fundamental rights, by prejudice, although potential, the capacity of the State to provide the benefits due to the population. The results of the research confirm the relevance of the control system in this area, while demonstrating the need for improvement by increasing the level of institutional commitment, the improvement of the respective work instruments and, also, the design of measures specifically created for that end.
Desempenho e avaliação de impacto legislativo na Assembleia Legislativa do estado de Goiás (2014-2019)
(Universidade Federal de Goiás, 2020-12-18) Lopes, Victor Hugo Gomes; Silva, Robert Bonifácio da; http://lattes.cnpq.br/9425542829673914; Silva, Robert Bonifácio da; Tavares Neto, José Querino; Silva, Rafael Silveira e
Objective: to promote parliamentary performance analysis based on the processing of legislative proposals and the identification of criteria for assessing legislative impact. Methods and techniques: legal-sociological study, based on a hypothetical-deductive method, build on an author database formed by the documentary analysis of 5,255 proposals submitted to the Legislative Assembly of Goiás between 2014 and 2019. Results: prevalence was observed conversion into law of proposals for initiatives by the Executive Branch and other bodies in relation to those originated by parliament. There is a growing increase in the number of bills of parliamentary origin that deal with public policies in recent years. Although not mandatory, it was noted that the presence of criteria for assessing legislative impact tends to increase the chances of the proposal becoming law. Conclusion: the behavior of the state parliament is similar to what the literature observes in the National Congress. The inclusion of AIL as a mandatory step in the legislative process has the potential to reduce the number of symbolic laws and improve the quality of legal normative acts.
Os modelos público e híbrido de prestação dos serviços de saneamento básico: uma análise comparativa de eficiência do saneamento nos Estados de Goiás e Tocantins
(Universidade Federal de Goiás, 2020-12-18) Gomes, Camila Nicolai; Santos, Aline Sueli de Salles; http://lattes.cnpq.br/4636918444602186; Coelho, Diva Júlia Sousa da Cunha Safe; http://lattes.cnpq.br/4931359354042532; Coelho, Diva Júlia Sousa da Cunha Safe; Santos, Aline Sueli de Salles; Motta, Fabrício Macedo; Rocha, Luiz Alberto Gurjão Sampaio de Cavalcante
Public policies have been attacking every day the importance of the public service of basic sanitation, being a structural sector that presents deficits in the attendance of the sanitation service, without significant improvements over the years. For a general understanding of the issue, a survey on the state of the art of the literature on basic sanitation was carried out, aiming at understanding the regulation of the sanitation service, identifying advantages and disadvantages of the public and hybrid models of basic sanitation provision, and discussing the consequences of the legislative changes resulting from the Law 14.026/20 - New Legal Framework for Sanitation. The general objective of this empirical study, based on the comparative efficiency analysis between the states of Goiás and Tocantins of basic sanitation policy, considering water and sewerage services, is to diagnose which of the forms of concession of the mentioned service presents the best results, whether public or hybrid, using specific SNIS indicators from the years 2012 to 2018. The main results obtained in this research are relevant findings, through a comparative diagnosis of the data analysed, without pointing to a definitive answer on the most successful model, such as the deconstruction of the idea that small population municipalities would not be profitable, since the smaller population municipalities in the state of Tocantins have shown that their collection is higher than the expenditure. Moreover, it is concluded that investments in sanitation have an impact on greater access to services and higher quality, and are indispensable for achieving the new targets set. In the case of Tocantins, all the evidence in the data analyzed leads to the conclusion that the adoption of the private sanitation model generated a positive impact on universalization. The state of Goiás, on the other hand, has shown itself to be ahead with a stable performance in several indices, having already achieved the desired universalization in water distribution and presenting better rates of sanitary exhaustion. Both models have positive and negative points, but in common with all public sanitation policy we have the need to fill the regulatory vacuum and of the immediate coverage of the places without this service.

Navegar

Navegando Programa de Pós-graduação em Direito e Políticas Públicas por Data de Publicação

Resultados por página

Opções de Ordenação