Programa de Pós-graduação em Direito e Políticas Públicas

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Aplicação da Lei no 13.655/18 como mecanismo de legitimação das deliberações técnicas do Tribunal de Contas do Estado de Goiás (TCE/GO)
(Universidade Federal de Goiás, 2023-09-20) Azevedo, Camila Morais; Valle, Vanice Regina Lírio do; http://lattes.cnpq.br/3362470177133456; Valle, Vanice Regina Lírio do; Motta, Fabrício Macedo; Rodrigues, Ricardo Schneider
The present research has as object of study the application of Law nº 13.655/2018 by the Court of Auditors of the State of Goiás (TCE/GO), in the exercise of its controlling function. Therefore, this research is justified by the need to verify the degree of adhesion of the TCE/GO to this justification matrix proposed by LINDB in the formulation of its decisions, in order to legitimize them. Given this scenario, the research problem consists of answering the following question: “Has the LINDB rationale matrix been effectively applied in the development of the control function by the TCE/GO?”. In the search for possible answers to the problem raised, the general objective was outlined: to analyze the real application of the LINDB justification matrix in the development of the institutional function of the TCE/GO, as a mechanism for legitimizing its technical deliberations, highlighting as specific objectives: analyze the state of the art of the function of control conferred on the Courts of Auditors, in its various nuances, studying its evolution over the years, having the Federal Constitution of 1988 as a time frame; analyze the changes brought in LINDB, involving the justification matrix that the regulation intends to propose; verify how LINDB actually influences the control function exercised by the Courts of Auditors; build a database on how the TCE/GO has applied the LINDB to its judgments; analyze the collegiate decisions of the TCE/GO, from the validity of Law nº 13.655/2018, 04/26/2018 until 04/26/2022, within a period of four years, in order to verify the presence and degree argumentative development of the normative devices contained in articles 20 to 30 of the LINDB; and to analyze whether the way of applying the LINDB in the collegiate decisions of the TCE/GO proves to be sufficient to legitimize the statements of the Court of Auditors. As a methodology, this quantitative and qualitative research, of a descriptive nature, involved an empirical study, with the accomplishment of a documental research, through the analysis of documents, that is, of the legislation and collegiate decisions, as well as the accomplishment of the bibliographical research, in order to cross the data for interpretation, substantiating the research. As a result, the hypotheses are confirmed, namely: even after the changes made by LINDB, on 04/26/2018, the TCE/GO does not have a settled understanding in its jurisprudence regarding the application of this new justification matrix in the formulation of your decisions; the TCE/GO has not presented argumentative development in the application of the open concepts contained in articles 20 to 30 of the LINDB in its judgments; and the TCE/GO decisions, by moving away from the justification matrix proposed by LINDB, have weakened their sign of legitimacy.
Política pública de fomento às micro e pequenas empresas pelo poder das compras públicas no Estado de Goiás: controle externo pelo TCE/GO (2006-2019)
(Universidade Federal de Goiás, 2021-04-28) Barzellay, Larissa Sampaio; Motta, Fabrício Macedo; http://lattes.cnpq.br/1446078229301388; Neves, Cleuler Barbosa das; http://lattes.cnpq.br/3567330317986829; Neves, Cleuler Barbosa das; Schier, Adriana da Costa Ricardo; Motta, Fabrício Macedo
It investigates the actuation of Goias’s State Court of Counts at the control and public purchase oversight, focused on the impact of micro and small business promotion, in the local social and economic development. The governmental purchases (bidding) are presented as a market regulation instrument. Because of this, its control, by the excellence external control organ – Court of Counts –, can be essential to a better result and guide of public policy. The public purchases move bulky amounts, at the federal sphere as well as at the state sphere. They can, with this, once directed, be a big instrument of promotion of a determinated economic sector. When putted together these two themes – economic sector and bulky numbers – the first remission that infers is related to the micro and small business. The study shows the interference of the MPEs in the socioeconomic indicators, as the PIB and formal job (RAIS and CAGED). A theoretical discussion is promoted - in a Law and Public Policy approach –, about the public purchases and the participation of the micro and small business in this, as well as how the Court of Counts (history in Brazilian constitutions, instruments of action, functions, moments of action etc.). Concrete actions are chosen and analyzed, of the acts of actions of the Court of Counts of the State of Goiás (267 Decisions), having for focus the micro and small business. The participation of the micro and small business in the State of Goiás public purchases, between 2006 and 2019, is analyzed, as well as the 267 judgments prolated at the same period by the TCE/GO about the theme in order to diagnose the actuation of this agency about the MPEs. The main results shows that the participation is still low (media at the period 15% of the total of the state purchases and hiring of 1% of microbusiness with establishment registered in the state of Goiás) and that there wasn’t yet, by the Court of Counts of the State of Goiás, an evaluation of micro and small promotion public policies via audit. On the other hand, there are several judgments with determinations and recommendations, which were mapped and shown as reference. By the Pareto analysis method, its shown the public organs that concentrates the highest numbers of processes and the volume of inspected resources, which can be an indicative object to a TCE/GO oversight related to the participation of the MPEs in the public purchases of the state of Goiás agencies. In face of the statistical results, the main conclusion of the study is that there is lack of distributive justice in the values of the payments of the public purchases in the scope of the Goiás State and that it’s the TCE/GO’s function to act, based on its extern control agency power, above the state purchase power, in public policy control and support on the search of better ways to the state management, due to the persecution of the promotion foreseen in the LC nº 123, from 14 of december of 2006.
Políticas públicas de segurança no Estado de Goiás e relação entre homicídios e letalidade policial: interpretando as fatabilidades e possíveis contradições na análise dos dados
(Universidade Federal de Goiás, 2024-10-07) Domingues, Nathália Rodrigues de Oliveira Souza; Santos, Pedro Sérgio dos; http://lattes.cnpq.br/2482709117669752; Santos, Pedro Sérgio dos; Sousa, Gaspar Alexandre Machado de; Lima, Suzann Flávia Cordeiro de
El estudio explora el papel de las políticas públicas en el Estado de Goiás, con énfasis en las intervenciones de las fuerzas policiales y su relación con los índices de criminalidad. Las fuerzas policiales son responsables del mantenimiento del orden público y de la seguridad de la población, según lo establecido en el artículo 144 de la Constitución Federal, que define la seguridad pública como deber del Estado y responsabilidad de todos. Entre los años 2020 y 2023, el Estado de Goiás se destacó entre las unidades federales con altas tasas de letalidad policial, quedando en tercer lugar en el ranking nacional en 2020, con una media de 89 muertes por 100.000 habitantes. Este dato coloca al estado entre los que tienen mayor número de muertes por intervenciones policiales, detrás solo de estados como Amapá y Sergipe. Los datos de homicidios en Goiás revelan una tendencia preocupante, con tasas que, en algunas áreas, superan la media nacional. El análisis de estos datos permite identificar índices de criminalidad y dirigir recursos de manera más eficaz. La letalidad policial, a su vez, ha sido un punto de controversia. El aumento de las acciones policiales letales puede interpretarse como una respuesta directa a la creciente violencia, pero también plantea preguntas sobre la necesidad de un entrenamiento adecuado y protocolos que garanticen el uso proporcional de la fuerza. Las políticas enfocadas en la reducción de la violencia incluyen la capacitación de los policías, la implementación de programas de inteligencia y la promoción de acciones comunitarias que apunten a la inclusión social y la reducción de las causas subyacentes de la criminalidad. La colaboración entre diferentes organismos gubernamentales y la sociedad civil es crucial para el éxito de estas iniciativas.
A concepção dialógica e as políticas universitárias extensionistas na Universidade Federal de Goiás
(Universidade Federal de Goiás, 2023-08-29) Félix, Murilo Emos; Costa, Andréa Abrahão; http://lattes.cnpq.br/2926748366855225; Coelho, Diva Júlia Sousa da Cunha Safe; http://lattes.cnpq.br/4931359354042532; Coelho, Diva Júlia Sousa da Cunha Safe; Carvalho, Sílzia Alves; Oliveira, Gustavo Paschoal Teixeira de Castro
University extension as one of the pillars of universities plays a fundamental role in the pedagogical process of undergraduates and society, while serving as an effective method of sharing science and popular knowledge. However, since the period of redemocratization of the country and re-signification of the State and of education, based on Paulo Freire's thought, university extension not only communicates and disseminates science, but occurs in attention to the dialogic principle in an attempt to overcome the welfare conception . In the sense of dialogue, the university promotes a qualified interaction through the exchange of knowledge, no longer just providing one-way information. In this context, in 2014, as provided for in the National Education Plan, the mandatory inclusion of at least 10% of the undergraduate curriculum dedicated exclusively to extension. The research surveys how the Federal University of Goiás politically develops extension. As for the curricular insertion process, the research elaborated a questionnaire applied to the professors of the Campus Goiás of the UFG, as well as used the database supplied by the Pro-Rectory of Extension and Culture of the UFG. Inferences were drawn from both instruments as to the perspectives of extension up to this stage of implementation of the curricularization, among the main ones we can mention: the positive reception of the curricularization process and the difficulty of redoing the curricula . The investigation involves the analysis of the UFG's Institutional Development Plans (PDI's) and other institutional documents such as the Management Plan and the Pedagogical Political Projects of the Courses. Finally, the research produced a diagnosis on university extension at UFG, with the main conclusions being the finding of a fragmented policy for extension in the sense of a preponderance of actions developed for convenience. On the other hand, the curricularization process must change this situation with the inclusion of actions in the PPC's, making them officially part of the course policy
Eficiência energética em prédios públicos como instrumento de política pública: uma análise no âmbito governamental do Estado de Goiás
(Universidade Federal de Goiás, 2023-08-30) Figuerêdo, Renata Guimarães; Santos, Pedro Sérgio dos; http://lattes.cnpq.br/2482709117669752; Santos, Pedro Sérgio dos; Cardoso, Franciele Silva; Silva, JéssicaTraguetto
Electric energy is an indispensable resource for the economic and social development of a country. Its rational use, following the principles of Energy Efficiency, contributes to a better balance and security in the relationship between generation and demand, reducing waste, consumption and the risk of supply. In the field of buildings, Energy Efficiency is a relevant attribute of sustainability in architecture. Thus, the objective of this dissertation is to investigate and analyze federal laws, programs and public policies to promote energy efficiency in buildings, verifying and comparing their possible consequences in the state of Goiás, in order to evaluate and propose possible actions and policies directed specifically to the state public buildings, in order to promote and improve the energy and environmental performance of these buildings. Moreover, the technical potential for energy savings both in existing buildings and in new buildings that include energy efficiency strategies is significant, impacting positively on energy conservation and, in the case of public works, in the reduction of government spending, as well as in the management and efficiency of public administration, with effective economic, environmental and social gains.
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
Diagnóstico da gestão dos processos de contratações emergenciais celebradas sob o regime da flexibilização temporária promovida pela Lei nº 13.979/2020 durante a pandemia de covid-19 na Secretaria de Estado da Saúde de Goiás
(Universidade Federal de Goiás, 2023-07-24) Hurbano, Paulo André Teixeira; Freitas, Leonardo Buissa; http://lattes.cnpq.br/3766748281418212; Freitas, Leonardo Buissa; Azevedo Neto, Platon Teixeira De; Nóbrega, Marcos Antônio Rios da
The dissertation presents a diagnosis about the management of public emergency contracts in Department of Health of Goiás State during the COVID-19 crisis, negotiated by the regulation of Law nº 13.979/2020. The objective is to investigate the variables of duration (time) of these processes, regularity of their post-award phase and prices of their contracted goods and services. It was verified a possible correlation between the results of these variables and the flexibilities promoted by the temporary and exceptional Law. After testing the research hypotheses, it is examined the control mechanisms used in such processes. The study suggests propositions for the future based on the experiences acquired with the contractual management scenario under an emergency ando flexible legal regime.
Alerta no controle da gestão pública: perfil de aplicação a partir da experiência do TCE/TO (2019 a 2022)
(Universidade Federal de Goiás, 2024-04-09) Macêdo, João Paulo Lândin; Valle, Vanice Regina Lírio do; http://lattes.cnpq.br/3362470177133456; Valle, Vanice Regina Lírio do; Motta, Fabrício Macedo; Willeman, Marianna Montebello
The object of the research presently designed comprises the investigation regarding the alerts issued by the Court of Auditors based on article 59, §1, of Complementary Law n. 101/2000 (Fiscal Responsibility Law), in light of the institutional practice of control over public management carried out by the TCE-TO (Court of Auditors of the State of Tocantins). The general objective is to categorize the institute under theoreticalconceptual bases and diagnose its incidence in the dynamics of the external control process, especially in view of the institutional reconfiguration of the Courts of Auditors since the Constitution of 1988 and, more recently, the effects aroused by the public calamity resulting from Covid-19. From the perspective of methodological options, a primary theoretical research is undertaken to organize previous knowledge about alerts in the dynamics of the Public Administration’s accounts control. So that, through the objective examination of the legal-normative framework and the review of specialized literature, it is possible to demarcate the conceptual contours and the legal nature of the institute, as well as to understand its functionality in the context of the controlling activity. Nevertheless, the objective of understanding the use of alerts goes beyond the verification of the real conditions of employment of the tool in the operationalization of control, which demands an empirical cut, being structured from the mobilization of documentary data, collected from primary sources, about the alerts issued by the Tocantins Court of Auditors between 2019 and 2022. By combining statistical survey with a qualitative documentary research strategy, it will be possible to examine the informing logic of issuing alerts, the conformity of their scope to the legal nature that emerges from their normative framework conferred by the Fiscal Responsibility Law, as well as to discern their integration within the assessment of government accounts
Contratações diretas emergenciais realizadas pelo estado de Goiás para enfrentamento da pandemia da covid-19: due diligence como estratégia de governança
(Universidade Federal de Goiás, 2023-08-31) Magacho, Bruna Toledo Piza de Carvalho; Motta, Fabrício Macedo; http://lattes.cnpq.br/1446078229301388; Motta, Fabrício Macedo; Silva, Robert Bonifácio da; Niebuhr, Pedro de Menezes
In the midst of the crisis generated by the coronavirus pandemic, measures that simplified and streamlined public procurement became necessary. It was up to the Government to act intelligently in order to contain the spread of the virus and mitigate the effects of its impact on society. To this end, it was crucial to simplify contracting processes, normally carried out via bidding, so that the Administration was equipped with quick instruments that would allow it to have goods and services in the time required to face the pandemic. In this sense, the object of this research was limited to the “procedure for choosing suppliers and the risks arising from this act”. The general objective of the research is to identify the contours of the due diligence that proposes to provide relevant information about suppliers to the contracting bodies, information that can be used not only in the safe selection of suppliers, but also in the identification and treatment of risks, such as fraud and non-performance. contractual, for example, thus allowing the adoption of measures for better execution and close monitoring of the contract; and as specific objectives: a) to assess the possible risks in direct emergency public contracts carried out by the State of Goiás to face the pandemic caused by Covid-19, considering, for this purpose, the risk factors identified on suppliers, according to developed typologies by CGE; b) quantitatively describe the risks materialized in direct emergency public contracts carried out by the Public Administration of the State of Goiás based on the model adopted for the election of contractors; c) test the due diligence procedure retroactively to the direct emergency contracts carried out by the State of Goiás to face Covid-19; d) verify the possible benefits arising from the adoption of due diligence in the selection of suppliers and risk management, notably the risks of fraud, non-performance and withdrawal of the corresponding contracts. In order to achieve the proposed objectives, it was intended to respond to the following problem: could the prior investigation of suppliers contracted directly to combat the Covid pandemic, through due diligence, reduce the risks of fraud, contractual nonperformance and withdrawal in such contracts? To this end, the research tested the following hypothesis: pre-contractual due diligence, when applied to the public sector, proves to be a potentially positive measure, considering the beneficial effects on the choice of suppliers and the management of contractual risks, especially in periods crisis, in which such hiring needs to be even faster and less bureaucratic. As a methodology, a cut was made to restrict the analysis of normative acts and the performance of empirical research in the Executive Branch bodies of the State of Goiás, covering only the direct emergency contracts carried out for the acquisition of goods and services destined to face the health emergency caused by Covid-19. The research falls within the empirical research genre as it involves the systematic collection of data on public procurement and subsequent analysis, with the aim of verifying its possible influence on the improvement of future administrative procedures. As a result, due diligence has a legal basis to serve the management of risks arising from the contract entered into between the supplier and the Public Administration, simply issuing a normative administrative act that regulates its use as a governance tool in public procurement, the option by law being legitimate in order to grant perpetuity to the tool and protection against the discontinuity of administrative decisions considered as government actions.
O racismo na política de drogas e a defesa social na política judiciária: uma análise do discurso das decisões de habeas corpus no Tribunal de Justiça de Goiás
(Universidade Federal de Goiás, 2024-03-06) Santos, Ícaro Melo dos; Miranda, Bartira Macedo de; http://lattes.cnpq.br/5889103843439878; Miranda, Bartira Macedo de; Coelho, Saulo de Oliveira Pinto; Ferreira, Carolina Costa
The research investigates the intersection between racism in drug policy and societal defense, using the jurisprudence of the State Court of Goiás as an empirical basis for analysis, within the challenging context of the Covid-19 pandemic. Employing approaches from Critical Discourse Analysis (CDA) and Critical Criminology, the research relies on fundamental concepts such as discourse, power, ideology, and hegemony to identify discursive aspects that perpetuate racism in criminal sciences and influence judicial decisions. Throughout the investigation, discourses of the societal defense ideology persisting in the legal system were identified, utilizing legal institutions such as personal search, inviolability of the domicile, and the agent's dangerousness. These practices are intrinsically linked to an ideology promoting hegemony, necessitating constant critique of the undeclared functions of the penal system. As a result, recommendations were suggested to mitigate and modify identified discursive practices. It is proposed to establish a Permanent Observatory for Analysis of Judicial Decisions to monitor and evaluate the legislation's application based on anti-racism principles, as well as to amend requirements in the professional development of court officials and in leadership and advisory positions within the State Court of Goiás (TJ/GO). Furthermore, altering the objective promotion criteria in the judiciary career is suggested as a means to promote an equitable approach in the judicial system. These recommendations aim not only at identifying and critiquing discriminatory practices but also at implementing concrete measures to promote an anti-racist justice. Within the scope of its objective, the dissertation contributes to understanding the dynamics between racism, drug policy, and the justice system, providing insights for the formulation of anti-racist public policies and judicial practices.
Levantamento sobre as contratações de profissionais do magistério para atender necessidade temporária de excepcional interesse público da Secretaria Municipal de Educação de Goiânia/GO entre 2012 e 2020: análise sobre a (des)continuação do projeto pedagógico na escola e o perfil dos profissionais temporários
(Universidade Federal de Goiás, 2023-05-16) Schuster, Guilherme Sanini; Silva, Robert Bonifácio da; http://lattes.cnpq.br/9425542829673914; Coelho, Saulo de Oliveira Pinto; Gomes Neto, José Mário Wanderley; Silva, Robert Bonifácio da
The present research deals with a survey of contracting for a fixed period of the Municipal Secretariat of Goiânia/GO, between 2012 and 2020, with the objective of verifying if these hirings were made in a relevant way by the Municipality and, also, to know the perception of the professionals in the network from Goiás municipal public education about the effects of teacher turnover on the quality of Education. To achieve this purpose, the study analyzes the local law that establishes the hypothesis of exceptional public interest, carries out a quantitative survey of temporary teachers in the historical series, identifies the profile of temporary and effective teachers of the Network, and also illustrates the impact that the model contract entails municipal education. The research adopted methodological pluralism, having in the quantitative phase the descriptive empirical model, carrying out a survey of data from the School Census and the Transparency Portal and, in the qualitative phase, a case study was carried out, using interviews carried out with education professionals. It was revealed that the provision in the local law, to a large extent, contributes to temporary hiring being carried out on a recurring basis. It was found in some periods that the number of temporary teachers was exorbitantly compared to the historical average. The profile of effective and temporary professors was defined, under variables: age, sex, race/color, education and institution of higher education. It was detected, in the view of the interviewees, that temporary hires facilitate the occurrence of teacher turnover and the discontinuation of the political pedagogical project at school, causing a rupture in teaching. In view of the scenario found, using the Constitutionalism of Results, it is concluded that the Temporary Hiring tool, although necessary for certain situations, ends up having harmful effects on quality Education, and it is therefore suggestive that the local educational public policy be fed back for purposes of adequacy of its plumb line.

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