Mestrado Profissional em Direito e Políticas Públicas (FD)
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Item 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 doThe 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.Item 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 WanderleiThis 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.Item 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 QuerinoThis 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.Item 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 dosThe 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.Item 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 AlvesHigher 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.Item 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 SouzaUniversalization 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.Item A ineficiência da execução fiscal no estado de Goiás como situação-problema na abordagem direito e politicas públicas(Universidade Federal de Goiás, 2020-12-27) Diniz, Raimundo Nonato Pereira; Motta, Fabrício Macedo; http://lattes.cnpq.br/144607822930138; Motta, Fabrício Macedo; Bucci, Maria Paula Dallari; Bonifácio, RobertThis study examines tax enforcement inefficiency phenomenon in the State of Goiás, with the aim of understanding currently adopted procedural and administrative practices and legal arrangements which regulate them and also of contributing to the formulation of good practices and adjustments in these arrangements, which may allow efficiency gains in terms of increased revenue and procedural speed. For the organization of this study, the theoretical reference is based on Law and Public Policy Approach and the adopted methodologies were bibliographic research and descriptive statistics. In the end, it was concluded that tax enforcement inefficiency in the State of Goiás is associated with tax enforcement actions nonselective filing, which leads to judicial collection of credits without indicative characteristics of their recovery viability. To impact this scenario, it was proposed to issue a normative act that exempts tax enforcement actions filing in relation to non-viable credits and authorizes the consensual resolution of cases as alternative measures to recover credits from the state's active debt, as well as to adopt strategic management practices at scale, based on previous classification of credits.Item 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 CastroUniversity 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 policyItem 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, JéssicaTraguettoElectric 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.Item 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 AparecidaAs 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.Item 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 deThe 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.Item 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 CavalcantePublic 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.Item 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 daThe 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.Item 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 daThe 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.Item 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 QuerinoThis 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.Item 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 DantasThe 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.Item 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 daThe 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.Item 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 eObjective: 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.Item 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 MenezesIn 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.Item Transparência dos gastos públicos em tempos de pandemia: estudo comparativo entre a metodologia de atuação da CGU e CGDF durante a vigência do estado de calamidade(Universidade Federal de Goiás, 2023-08-15) Martins, Paulo Wanderson Moreira; Vieira, Lucas Bevilacqua Cabianca; http://lattes.cnpq.br/7573576110391005; Vieira, Lucas Bevilacqua Cabianca; Motta, Fabricio Macedo; Nascimento, Bruno DantasThis research aims to address the theme of transparency in public spending during the COVID- 19 pandemic. The study investigates the relationship between the fundamental right of access to information and public transparency, exploring concepts, norms, and classifications related to the topic. Additionally, it examines the implications of the pandemic in the field of public procurement legislation, the challenges and controversies surrounding the division of competences in the federative pact, and the protection of personal data. The actions of the Office of the Comptroller General of the Union and the Office of the Comptroller General of the Federal District during the pandemic are also analyzed, as well as the measures taken to promote and evaluate transparency during this period. The research includes a comparative study of the performance of both institutions, with an emphasis on transparency practices and access to information, through qualitative and quantitative analysis of indicators. The obtained results allow identifying areas for improvement and best practices, providing implications and recommendations to enhance transparency policies. This research contributes to the deepening of the debate on transparency and access to information in the context of the pandemic, while offering insights for the improvement of related public policies.