Programa de Pós-graduação em Direito e Políticas Públicas

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A atuação das organizações sociais de saúde nos hospitais de campanha dentro da política pública de saúde: um estudo no caso do estado de Goiás no contexto da pandemia da covid-19
(Universidade Federal de Goiás, 2023-05-16) Valle, Anna Carolina Miranda Bastos do; Motta, Fabrício Macedo; http://lattes.cnpq.br/1446078229301388; Costa, Andréa Abrahão; http://lattes.cnpq.br/2926748366855225; Costa, Andréa Abrahão; Valle, Vanice Regina Lírio do; Bitencourt, Caroline Muller
This research has the scope of investigating public hospital health policy based on management contracts with social health organizations in Goiás, focusing on the role of control bodies in monitoring and evaluating this public policy in the context of the covid-19 pandemic. 19. The universe of study is delimited in the analysis of the state hospital management within the scope of the Department of Health of the State of Goiás. The sample selected for the investigation is equivalent to the emergency management contracts carried out with social organizations for the management of field hospitals for the care of patients with covid-19. The theoretical framework for organizing this research is the Law and Public Policy Approach and the methodology adopted was bibliographic research and documentary research. The analysis method is presented through the deductive method. An analysis of federal legislation, national jurisprudence and state legislation was carried out to, together with the construction of the reference framework for public hospital management policy through social organizations in Goiás, raise the necessary legal subsidies to carry out the diagnosis. This was carried out in 3 (three) stages through qualitative research, of a descriptive nature, using the documentary approach. The first stage analyzes the scenario of the covid-19 pandemic in the State of Goiás and the related legislation. The second stage includes the diagnosis of SES' performance in the process of monitoring and evaluating management contracts during the covid-19 pandemic through the analysis of the items: (i) qualification; (ii) general information; (iii) financial and (iv) accountability. The third stage includes the analysis of the performance of the State Comptroller General (CGE), the Goiás Agency for Regulation, Control and Inspection of Public Services (AGR), the State Court of Auditors (TCE), the Legislative Assembly (ALEGO), of the Excellence Council of Public Hospital Units Managed by Social Health Organizations and the State Health Council in monitoring and evaluating the management contracts signed with OSS in Goiás for field hospitals in the years 2020 and 2021. At the end, it is necessary to structure the governance of the aforementioned public policy in order to have a coordinated action between the actors that compose the legal-institutional design, the broad evaluation of the public policy and not only the punctual monitoring of the management contracts, greater popular participation and social control, reformulation of procedures to avoid payments for estimates, verification of integrity programs, active internal control, external control of public policy and the realization of the fundamental social right of health for the population.
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
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.
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
Análise da política pública de justiça restaurativa desenvolvida no centro de atividade restaurativa (CEJUR) em Goiânia
(Universidade Federal de Goiás, 2022-08-18) Lima, Lucilia de; Azevedo Neto, Platon Teixeira de; http://lattes.cnpq.br/2017473090623178; Azevedo Neto, Platon Teixeira de; Silva, Juvêncio Borges; Tavares Neto, José Querino
This research has as its object of study the Judicial Public Policy of Restorative Justice implemented at the Centro de Atividade Restaurativa de Goiânia, from 2017 to 2021, an initiative of the Judiciary of the state of Goiás, which took place with the Decree nº 1.346, of June 12, 2017, based on the Resolution nº 225, of May 31, 2016, of the National Council of Justice, which provides for the National Judicial Public Policy on Restorative Justice, defined, in its preamble, as a policy of access to justice, through a consensual approach to conflict resolution, providing participation for those involved in conflicts and violence, in the search for reparation and restoration of damages as far as possible. Therefore, it is proposed to present a diagnosis regarding its implementation, referring to the question: how is the fulfillment of the Public Policy of Restorative Justice in Centro de Atividade Restaurativa in Goiânia? Throughout the understanding of this problem, the path developed starts from the theoretical survey on Restorative Justice in its history, its values and its principles. The discussion concerning the retributive and restorative paradigms points out the differences between the punitive system and the new restorative proposal. The legal framework and implementation in Brazil as Public Policy are presented. In a second moment, Law and Public Policies are approached, with the aim of presenting as a product a legal-institutional diagnosis of the program in question. It should be highlighted that the empirical method guides the study, of an exploratory-descriptive non-casual nature, in which documentary and bibliographic research will be carried out, of a qualitative and quantitative nature, and comprises the application of the Law and Public Policy Approach in the production of legal and institutional diagnosis. It is aimed to survey the profile and satisfaction of beneficiaries, according to the following hypotheses: following its implementation, the program has promoted greater participation of those involved in conflicts and violence, and it has developed adequate environment for safe procedures for care in restorative justice in accordance with Decree nº 1.346, which establishes it. According to the premises above, it is concluded that in Centro de Atividade Restaurativa, the restorative justice policy was implemented, which has provided the participation of the beneficiaries; takes place in an adequate and safe environment; and presents an expansion plan. However, it lacks the construction of an evaluation and monitoring plan that allows this expansion and measurement of the results of actions already in progress, which results in effectiveness and efficiency for the improvement of the implemented program, which is still incipient.
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.
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.
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.
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.
Avaliação de eficiência do Programa Nacional de Habitação Urbana no combate ao déficit habitacional em Goiânia no período compreendido entre 2009 e 2019
(Universidade Federal de Goiás, 2022-02-17) Abrão, Frederico Leão; Costa, Andréa Abrahão; http://lattes.cnpq.br/2926748366855225; Costa, Andréa Abrahão; Motta, Fabrício Macedo; Amaral, Cláudia Tannus Gurgel do
The research objective of this dissertation is the evaluation of the efficiency of the National Urban Housing Program (NUHP) in the fight against the housing deficit in Goiânia between 2009 and 2019. Through bibliographic and documentary analysis, the first chapter addresses the evolution of the concept of the right to housing at the international level, the process that led to its constitutionalization in Brazil and the Minha Casa, Minha Vida Program. Are presented the legal contours of this public policy, as subprograms, service groups, funding sources, applied methodology, guidelines and requirements related to the projects to be developed. Then, it enters the Brazilian housing scenario through the concepts and methods officially used to measure the shortage and stock of housing in the country, being demonstrated in tables and graphs, prepared based on data obtained from secondary sources, the characteristics of the housing deficit in Brazil and Goiânia. The second chapter also provides information related to sectorial indicators and the housing production of the NUHP in Goiânia and its metropolitan region, such as the number of housing units delivered, amounts invested and the location of projects aimed at families with a monthly income of up to 03 (three) minimum wage, which represent more than 90% of the total local housing deficit. It also deals with the adherence between the housing offer promoted by the Program and the lack of housing in the municipality, analyzed based on an indicator proposed by the research. In the third chapter, the evaluation of the NUHP 's efficiency is carried out, having as reference the concept of administrative efficiency adopted by ÁVILA (2019). The relationship between the components of the housing deficit and the delivery of housing by the Program in Goiânia is analyzed, as well as the presence of qualitative attributes in the built properties and, in the end, the regulatory problems identified. Based on the data collected, the work concludes that the NUHP was not efficient in combating the housing deficit in the municipality of Goiânia in the researched period and pointing as causes for the result obtained, regulatory problems that implied the majority allocation of resources to families that did not fit the components of the housing deficit.
O comportamento judicante das câmaras municipais goianas no exercício do controle externo do Poder Executivo Municipal: análise dos reflexos das teses fixadas nos temas de repercussão geral nos 157 e 835 pelo Supremo Tribunal Federal
(Universidade Federal de Goiás, 2022-08-12) Silva, Thalita da Costa e; Motta, Fabrício Macedo; http://lattes.cnpq.br/1446078229301388; Motta, Fabíricio Macedo; Freitas, Leonardo Buíssa; Ferraz, Luciano de Araújo
Grounded in the historical trajectory of the government administration control theme, as well as its importance in the management models undertaken in Brazil, it`s acknowledged that governance has an apparatus that better accompanies the achievement of accountability and fundamental rights to administrative probity, access to information and righteous governance. In light of this theoretical framework, external control emerges, in charge of accounting, financial, budgetary, operational and patrimonial inspection. Notably related to this control over the acts of Municipal Mayors, it appears that there was a transfiguration regarding the subjects heading their judgment and concerning the acts issued by them. This is due to the fact that, in August 2016, the issue was faced by the Federal Supreme Court (Extraordinary Appeals n°729.744/MG and n° 848.826/CE), which established the exclusive competence of the City Council to judge the management accounts of the Mayors, when they performed as an expense authorizing officer, with the Court of Auditors uniquely bearing the responsibility of issuing a prior opinion, and defined that the opinion will only generate effects after its acceptance by the Legislative Power. On these grounds, this current empirical research aimed to analyze what the consequences of this change of understanding in the external control of the municipalities of Goiás were. After gathering the data carried out with the TCM/GO and the municipal councils of Goiás, the outcomes indicated that a significant part of the chambers are not aware of this competence to judge management accounts, which was consecrated to them. Furthermore, it was found that in most cases the Chamber does not follow-up the unfavorable opinion issued by the TCM/GO and approves the accounts. It was also noted that after the publication of the above-mentioned theses, an increase in the pendency of cases awaiting judgment by the Chambers. In the scrutiny of the judgmental behavior of the Municipal Legislature, there was greater speed when it comes to government accounts, to the detriment of management accounts, which on the whole are archived, even with the TCM/GO opinion for the rejection. It was also noticed that the average time for processing the Mayors' accountability process in the Chambers is around 2 years and six months, which undoubtedly makes situations that would give rise to ineligibility innocuous, in view of the lack of prevalence of the opinion until the Chamber's manifestation. In brief, it is inferred that, whether by reviewing the literature or empirical data, there was a weakening of the role of the Court of Auditors, since it lost its autonomy of judgment and its opinion no longer prevails as far as the Chamber pronounces itself, which culminates in the weakness of accountability in public management and, hence, in governance.
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.
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.
Convenções processuais em lides tributárias: instrumento de política pública consensual para recuperação do crédito tributário
(Universidade Federal de Goiás, 2021-12-06) Rennó, Gabriela Machado; Carvalho, Silzia Alves; http://lattes.cnpq.br/4479623908963181; Vieira, Lucas Bevilácqua Cabianca; Bachur, João Paulo; Carvalho, Silzia Alves
The study aims to analyze the consensual public policy of active debt collection, with a focus on Procedural Legal Businesses (NJPs) signed at the federal level, with a view to collecting scientific evidence on the phenomenon studied. The question that we intend to answer, under the theoretical understanding of collaborative law and consensuality as a duty of action of good public administration, is to measure whether consensual action, through the NJPs, generates efficiency for federal tax collection, with benefits to the taxpayer and the Public Administration, to subsidize specific regulation of such practice by the State of Goiás. To answer it, consensuality is analyzed in a theoretical, normative and empirical way. In the first part, we seek to establish the theoretical and normative paradigms that underlie the dialogic tax collection, running over relevant points, such as the unavailability of public credit and the slowness of tax executions. Then, empirically, the second part of the dissertation is intended to map the NJPs signed by the Attorney General of the National Treasury, indicating descriptive statistical analysis of data and scientific evidence on the use of procedural conventions in tax matters. The reality of tax consensuality in the State of Goiás is also analyzed, in order to assess the increase in consensuality, state limitations and opportunities. In this part, the main impasses related to judicial tax collection and the form of employment of the NJP are assimilated, in order to verify the effects of consensuality in Tax Law through the specific mechanism. In the third part, finally, the practical plan of consensual tax collection in the State of Goiás is evaluated, using the federal experience to support good performance practices at the state level, through the methodology of ex ante evaluation of public policy. In conclusion, finally, the problem that motivated the research is resumed, with a view to revisiting the hypotheses tested in the work and providing practical subsidies to be used by the State Attorney of Goiás in the institutionalization of procedural conventions in tax matters. It is concluded that specific regulation by public entities is recommended and the use of procedural conventions needs to be encouraged to implement the Public Judiciary Policy for the proper resolution of conflicts, contributing to the reduction in tax litigation and to the increase in the collection of public safes.
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.
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.
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.
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.
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.
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.

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