Mestrado Profissional em Direito e Políticas Públicas (FD)

URI Permanente para esta coleçãohttp://200.137.215.59/tede/handle/tede/8154

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Ministério público, políticas públicas e standards probatórios no processo penal: a efetividade da atuação do MP/GO no aprimoramento da produção probatória nos delitos de corrupção no Estado de Goiás
(Universidade Federal de Goiás, 2025-06-27) Silva, Rafael Simonetti Bueno da; Motta, Fabrício Macedo; http://lattes.cnpq.br/1446078229301388; Motta, Fabrício Macedo; Sousa, Gaspar Alexandre Machado de; Ribeiro, Carlos Vinícius Alves
This dissertation addresses the possibility of implementing logical-rational control at the time of factual judgment through the application of the Theory of Evidence Standards to control the quality of evidence in criminal proceedings, which is problematized in the context of corruption crimes in Brazilian law. The concept that the evidentiary standard corresponds to the minimum degree of evidentiary sufficiency required by the legal system for a factual hypothesis to be proven was considered. Its purposes are to guide the subjects of the procedural relationship, serve as a parameter for the evaluation of evidence by the judge and distribute the risks of gaps in decisions on the facts. The objective is to examine the feasibility of adopting criteria to assess evidentiary sufficiency and rationalize the control of the assessment of evidence, in addition to investigating whether the public management model used by the Brazilian Public Prosecutor's Office allows for the systematic identification, analysis, evaluation and improvement of legal arrangements and instruments used in public policies — especially in the criminal sphere and in relation to the improvement of investigations. In relation to the Public Prosecutor's Office of the State of Goiás, the objective is to verify whether the strategic planning model adopted by the institution can serve as a basis for the development of studies on the so-called evidentiary standards and, consequently, contribute to the improvement of Criminal Procedural Law. This research was carried out not only through a bibliographic survey of national and foreign doctrine, but also through empirical research of a qualitative nature involving the valid and reliable collection of primary data in relation to criminal proceedings related to corruption crimes that are or were processed before the Judiciary of Goiás, in the 1st or 2nd instance, between January 1, 2018 and December 31, 2023, in order to understand, through the analysis of the degree of evidence produced, how the judges are assessing the sufficiency of the evidentiary set regarding the proof of the factual hypotheses, in view of the available judgment elements. This empirical approach is essential both for the formulation of more effective public policies and for improving the planning of actions by the Brazilian Public Prosecutor's Office with regard to the adoption of measures aimed at improving investigative activities and increasing the effectiveness of criminal prosecution. As a theoretical framework, the proposal of a Rationalist Theory of Evidence is considered, a model according to which the procedures for determining facts are oriented towards the formulation of factual statements that will be true if the facts described have occurred, or false if they have not. In this model, the assessment of evidence must comply with criteria strictly defined by law, requiring that the judgment be guided by parameters of logic and rationality, which can be controlled in appeals. Based on the previously established theoretical framework, the theoretical research, combined with the critical analysis of the results of the empirical investigation, confirmed the hypothesis that the factual judgment in criminal proceedings involving corruption crimes is compatible with the application of the standard of clear and convincing evidence as a decision-making criterion. This standard not only defines the level of evidence required to demonstrate corrupt acts, but also contributes to a more rigorous control of judicial motivation regarding the facts, giving decisions greater legitimacy and rationality. Finally, this improvement in the quality of evidentiary activity directly involves the improvement of investigative activity and the enhancement of the effectiveness of criminal prosecution by the Public Prosecutor's Office.
Análise dos Termos de Ajustamento de Conduta como instrumento da Política Nacional de Autocomposição: diagnósticos e boas práticas a partir da experiência do Ministério Público do Estado de Goiás
(Universidade Federal de Goiás, 2025-06-30) Freitas, Eduardo Alves de; Coelho, Diva Júlia Sousa da Cunha Safe; http://lattes.cnpq.br/4931359354042532; Coelho, Diva Júlia Sousa da Cunha Safe; http://lattes.cnpq.br/4931359354042532; Coelho, Saulo de Oliveira Pinto; http://lattes.cnpq.br/6725961067847325; Silvério Júnior, João Porto; http://lattes.cnpq.br/8323553235935271
Embargado
A plataforma consumidor.gov.br como mecanismo extrajudicial de composição de conflitos
(Universidade Federal de Goiás, 2025-05-26) Ferreira, Julia da Costa; Valle, Vanice Regina Lírio do; http://lattes.cnpq.br/3362470177133456; Valle, Vanice Regina Lírio do; http://lattes.cnpq.br/3362470177133456; Azevedo Neto, Platon Teixeira de; http://lattes.cnpq.br/2017473090623178; Santos, Marcelo Pereira dos; http://lattes.cnpq.br/5276756160691614
The present research has as its object of study the Consumidor.gov.br platfor, established by Decree No. 8,573/2015 as an alternative system for resolving consumer disputes. It is therefore justified by the need to verify the suitability of the platform in resolving these conflicts. Given this scenario, the research problem consists of answering the following question: “Is the consumer.gov.br platform a suitable means for the extrajudicial resolution of consumer disputes in Brazil?”. In the search for possible answers to the problem raised, the general objective was outlined: to analyze the platform in the resolution of consumer disputes in Brazil, identifying its benefits and limitations as a mechanism of the National Policy of Consumer Relations, highlighting as specific objectives: to analyze the state of the art of the alternative method of dispute resolution, in its various nuances, studying its evolution from the perspective of access to justice, having as a time frame the Federal Constitution of 1988; to analyze the rate of dispute resolution; to analyze the profile of adhesion to the platform; to investigate user satisfaction with the results obtained; to examine; As a methodology, this predominantly quantitative, descriptive research involved an empirical study, with documentary research, through the analysis of documents and data provided by the National Consumer Secretariat, in order to perform an analysis for interpretation to support the research. It was concluded that the platform promotes advances in self-composition, but its full suitability depends on the improvement of qualitative metrics, greater transparency, digital inclusion and inter-institutional coordination to reduce large-scale litigation.
Aplicação do Sistema e-Natjus no controle da política pública de acesso à saúde pela Justiça Federal, na seção judiciária de Goiás, no período de junho de 2021 a junho de 2024
(Universidade Federal de Goiás, 2025-04-28) Roiz, Marilia Mathias de Azevedo; Carvalho, Sílzia Alves; https:/Lattes.cnpq.br/4479623908963181; Carvalho, Sílzia Alves; https:/Lattes.cnpq.br/4479623908963181; Neves, Cleuler Barbosa das; http://lattes.cnpq.br/3567330317986829; Freitas, Riva Sobrado de; http://lattes.cnpq.br/0491714025952661
This study aims to analyze how judicial decisions on health-related matters were reasoned in the Goiás Judicial Section of the Federal Court between 2021 and 2024. The research adopts an empirical approach with a qualitative-quantitative emphasis. The chosen methodological procedure was hypothetical-deductive, which is characterized by the formulation of preliminary hypotheses, followed by the application of tests aimed at evaluation and verification these hypotheses throughout the study. This work also seeks to provide an applied analysis aligned with the research problems raised and the necessity of refuting or corroborating the hypotheses, which is essential for the advancement of scientific knowledge. Using both bibliographic and documentary research, the report includes the collection of data extracted from court records, which are analyzed to prepare a detailed representation of these data. In order to meet one of the specific objectives of the study, which involves examining the use of NATJUS as a public policy instrument related to the right to health, within the scope of the Judicial Section of Goiás of the Federal Court, the documentary research technique was chosen. The first stage of this procedure consisted of collecting and analyzing data from legal proceedings related to the topic in question, carried out directly in the legal proceedings through the Electronic Judicial Process (PJe) platform, on the TRF1 website itself. The study aims to analyze the extent of health-related cases and identify, based on the collected data, the impact and influence of NATJUS opinions on judicial decisions. Using filters for subjects related to the right to health, 1,313 (one thousand three hundred and thirteen) cases were initially found. After removing cases with duplicate subjects and those that had no affinity with the topic studied, the sample was limited to 551 cases, of which only 144 had an opinion from NATJUS. It was found that the decisions that include the opinion from NATJUS, in addition to using them as technical support, are also used as grounds for accepting or rejecting the request made in the Initial Complaint. It was concluded that, despite the small number of requests by judges for a technical opinion from NATJUS, this judicial public policy tool can be of great value to the Judiciary. The technical support offered by health professionals to the judges is something that contributed to the elaboration of a more technical, fair, and appropriate to the particularities of each case.
Do controle externo da atividade policial pelo Ministério Público do Estado de Goiás como política pública de segurança para redução do número de mortes de civis causadas por agentes públicos
(Universidade Federal de Goiás, 2025-04-24) Rodrigues, Bruno Alencar; Sousa, Gaspar Alexandre Machado de; http://lattes.cnpq.br/6135605692550160; Sousa, Gaspar Alexandre Machado de; http://lattes.cnpq.br/6135605692550160; Cardoso, Franciele Silva; http://lattes.cnpq.br/3906911979682226; Coelho, Edihermes Marques; http://lattes.cnpq.br/1446938342964788
This research investigates deaths resulting from police intervention in Goiás. Its objective is to analyze the deaths and the actions of the Public Prosecutor's Office of Goiás during the year 2023, exploring the structural factors that make up the process of constructing the State's actions in the deaths of its own citizens. Public security policies in the State of Goiás present an important contradiction: on the one hand, there is a reduction in the main crime rates, such as homicide, theft and robbery; on the other hand, there is an increase in the numbers related to civilian deaths caused by public agents. In order to understand the phenomenon that causes this incongruity, a bibliographic study of the main works related to Public Policy was adopted. The importance of public policies in the realization of fundamental social rights is addressed and the cycle of public policies is analyzed. The article begins with the historical trajectory of the theme of traditional Public Security Policy, from the conceptual perspective of reaction, up to the current moment in which Evidence-Based Public Security Policy is practiced in consolidated democracies. Despite constitutional achievements, the vulnerability of young people in Goiás is analyzed, notably from the perspective of mortality, given the intersectionality of various risk situations. It is pointed out that young, mixed-race men, in this sense, have a qualified vulnerability due to their criminal history, considering a higher proportion of deaths than that of the general population of Goiás. Next, the public security policies in Brazil and Goiás are analyzed. Regarding the methodology, it is based on a qualitative and quantitative approach by combining descriptive and inferential analysis of the variables raised in the census of deaths resulting from police intervention, examining the external control of police activity carried out by the Public Prosecutor's Office of the State of Goiás, in the concentrated and diffuse modalities, both extrajudicial and judicial, the latter through the research of the Integrated Service Records (RAI) and records filed in the electronic system maintained by the Judiciary of Goiás (Projudi GO) related to cases of deaths resulting from police intervention. Thus, it was possible to verify the ineffectiveness of the external control of police activity carried out by the Public Prosecutor's Office, as well as its complete absence in the formulation and evaluation of public security policy. Based on this diagnosis, it is possible to propose actions and improvements in public security policies, notably the performance of the Public Prosecutor's Office of Goiás in partnership with the Federal University of Goiás, in an attempt to replace the traditional thinking of Public Security that dominates Goiás with a model based on evidence. The article discusses public security policies, addressing institutional arrangements and intersectoral cooperation between the various responsible bodies. Finally, it proposes measures that aim to contribute to the institutional improvement of the entity constitutionally designated to act in public security policy in Goiás so that it can continue to reduce the main crime rates and, at the same time, reduce the deaths of civilians caused by public agents and cases of abuse committed by police officers in recent years in Goiás.
A mulher negra no ponto cego das políticas públicas de gênero e de raça: análise crítica da representatividade da mulher negra no Congresso Nacional
(Universidade Federal de Goiás, 2025-03-28) Antunes, Cássia de Jesus; Tavares Neto, José Querino; http://lattes.cnpq.br/2420742587515754; Tavares Neto, José Querino; Coelho, Diva Júlia Sousa da Cunha Safe; Emerique, Lilian Márcia Balmant
Black women are among the most underrepresented social groups in the National Congress, in terms of gender and race. Party barriers, racism, sexism, and social, gender, race, or intersectional inequalities seem to work together to limit the fair and equitable political representation of certain population groups. In this context, this work, developed empirically, within the scope of the professional master's degree, line of research Regulation, Effectiveness and Constitutional Control of Public Policies, aimed to identify whether black women are in the blind spot of public policies to promote the political participation of women and black people and what symbolic and institutional mechanisms maintain the low representation of black women in the National Congress. Therefore, it used two data collection techniques: documentary research, especially with regard to data related to political representation in the National Congress in the last two federal elections, 2018 and 2022; and semi-structured interviews with black women candidates elected and not elected to federal legislative positions and black women leaders of feminist and anti-racist social movements. The analysis of qualitative content was performed using Bardin (2016) content analysis technique, with the help of Atlas.ti software. As a result, political parties were identified in the interviews as operationalizing obstacles to black women's access to elected political positions, revealing exclusionary party structures and exclusionary dynamics. Regarding the difficulties faced by black women in political campaigns, the lack of resources and lack of confidence in the ability of black women were raised as the greatest challenges. To construct the practical-theoretical framework of the underrepresentation of black women in the National Congress, we sought to organize the challenges and factors correlated to the problem into two groups, symbolic mechanisms and institutional mechanisms, in order to highlight the dual aspect of underrepresentation. This study confirms that black women remain marginalized in institutional politics and broadens the understanding of the problem by using intersectionality as an analytical tool. By relating the underrepresentation of these women to that of other marginalized groups and suggesting paths for change, the research fulfills a dual role: rigorously diagnosing representational distortions and encouraging reflection and action to overcome these challenges.
Políticas públicas judiciárias de controle como instrumento de fiscalização dos comportamentos de magistrados e magistradas
(Universidade Federal de Goiás, 2025-02-21) Fleury, Nélia Mara; Azevedo Neto, Platon Teixeira de; http://lattes.cnpq.br/2017473090623178; Costa, Andréa Abrahão; http://lattes.cnpq.br/2926748366855225; Costa, Andréa Abrahão; Silva, Jéssica Traguetto; Lunardi, Fabrício Castagna
The research investigates the role played by the National Council of Justice and the internal affairs in overseeing the activities carried out by magistrates, in the professional context of actions linked to the Judiciary, as well as external to the function, in other words, behavior linked to the integrity of these agents. When they take office, judges also make a commitment to society to maintain their conduct with integrity, impartiality and within the bounds of the law. Disciplinary control, which investigates possible administrative transgressions and, if necessary, penalizes them, must be accountable — transparent, responsive and supervisory — when monitoring the activities of the judiciary. This is the subject chosen for this research. The aim was to verify the accountability of public control policies, namely the Organic Law of the National Judiciary and the Code of Ethics of the National Judiciary, instrumentalized by Resolution 135/2011 of the National Council of Justice (CNJ), which is responsible for standardizing administrative disciplinary proceedings. In order to investigate the patterns of this action, the research was carried out in a centralized context, based on the National Council of Justice, and decentralized, through the work of the internal affairs linked to the State Courts. It used a case study associated with documentary analysis of judicial proceedings (2012-2023). In this context, the research problem was to investigate whether or not judicial public control policies aimed at the performance of the judiciary, through the actions of the CNJ and the local affairs, fulfill the necessary requirement of accountable activity. As an answer to the research problem, elements were presented which show that both the central control body and the local court bodies do not have an accountable activity, suggesting (i) a lack of transparency in the scope of their actions; (ii) delays in concluding administrative disciplinary procedures, demonstrating insufficient responsiveness to possible disciplinary transgressions; (iii) a lack of compatibility between the inspections carried out by the National Council of Justice and the local courts. Throughout the investigation, elements common to the procedures were identified, such as the CNJ's actions in cases where preliminary investigations were closed; the weighing up of the application of penalties based on ethical principles; the questioning of the Council's competence to judge actions initiated within the scope of decentralized control. Based on these elements, and realizing that the result suggests a lack of accountability on the part of the control institutions due to the absence of transparency, low responsiveness and the conflict of control exercised by the responsible bodies, which have concurrent competence, the following suggestions were made: (i) the creation of a unified database to make public and accessible the way in which the CNJ controls the activities of magistrates, highlighting the measures applied with the aim of improving the institution; (ii) the drafting of instructions, issued by the CNJ, to the Courts in order to ensure that the filing of disciplinary proceedings becomes more judicious, with regard to indications of functional and/or behavioral misconduct, preventing conduct contrary to the legal system from being investigated; (iii) the issuance by the competent authority (CNJ) of a national judicial public policy that deals with the transparency of decisions, including when they relate to confidential procedures, ensuring that documents such as certificates of trial sessions are made available, in accordance with existing legislation, namely the Access to Information Act. The recommendations are aimed at making the National Council of Justice and the local courts more accountable, taking into account that these institutions are responsible for supervising and guiding the conduct of the public agents linked to them, but are not immune to social supervision. Despite the limits of access to the data on judicial administrative proceedings found, this final report contributes to the creation of an overview of public control policies related to the work of the judiciary. It also indicates possibilities for a new field of research in the Law and Public Policy approach, especially in the area of control.
Prevenção infracional e morte adolescente: políticas públicas de segurança específicas para a proteção da vida de adolescentes em conflito com a lei na cidade de Goiânia (2016 - 2023)
(Universidade Federal de Goiás, 2025-02-24) Silva, Queops de Lourdes Barreto; Coelho, Saulo de Oliveira Pinto; http://lattes.cnpq.br/6725961067847325; Neves, Cleuler Barbosa das; http://lattes.cnpq.br/3567330317986829; ttp://lattes.cnpq.br/3567330317986829; Neves, Cleuler Barbosa das; Cardoso, Franciele Silva; Suxberger, Antônio Henrique Graciano
This research investigates the deaths of adolescents in conflict with the law in Goiânia. The objective is to analyze these deaths, the profile, and the criminal history of these youths from 2016 to 2022, comparing possible variables with those of a sample of surviving adolescents. Based on this diagnosis, the study aims to propose actions and improvements in public security policies, particularly tertiary prevention policies, for adolescents in conflict with the law in Goiânia. The research begins with a historical trajectory of juvenile delinquency, under the conceptual framework of social defense, up to the present moment when the full protection of children and adolescents has been elevated to a constitutional level. Despite these advances, the study analyzes the vulnerability of young people in Brazil, particularly concerning mortality, considering the intersectionality of various risk situations. It highlights that adolescents in conflict with the law experience a heightened vulnerability due to their involvement in infractions, given their higher mortality rate compared to the general youth population of Goiânia. The study raises the question of whether labeling theory explains this situation, which could be an aspect of the phenomenon known as Juvenicide. It addresses the importance of public policies in realizing fundamental social rights and examines the public policy cycle. It further explores public security policies, institutional arrangements, and intersectoral coordination among various responsible entities, using established processes in the SUS (Brazil’s Unified Health System) as examples. Regarding methodology, the research adopts a mixed-method approach, combining descriptive and inferential analysis of the variables collected from the census of deceased adolescents and the sample of surviving youths. The statistical tests confirm that engaging in infractions is a significant factor in the likelihood of death among young people in Goiânia, with a 3.67 times higher risk. The typical profile of these adolescents is that of a Black male, experiencing educational delay in elementary school, with an average age of death at 18.4 years, predominantly due to violent deaths involving firearms, in circumstances related to criminal activities—whether from conflicts between groups and organizations or police intervention. These youths grew up in nontraditional family structures, living with their mothers or relatives and with an absent father. They were users of illicit drugs and, on average, committed four infractions, including robbery/extortion, drug trafficking and use, receiving stolen goods, theft, bodily injury, illegal possession and carrying of firearms, and homicide. They did not serve time in juvenile detention and, on average, died three years and three months after committing their first infraction, which typically occurred between the ages of 15 and 16. Finally, the study proposes the adoption of a flowchart to ensure the application of the principle of early intervention, as well as a Risk Factor Table to define a Special Monitoring Group.
Políticas públicas de segurança no Estado de Goiás e relação entre homicídios e letalidade policial: interpretando as fatabilidades e possíveis contradições na análise dos dados
(Universidade Federal de Goiás, 2024-10-07) Domingues, Nathália Rodrigues de Oliveira Souza; Santos, Pedro Sérgio dos; http://lattes.cnpq.br/2482709117669752; Santos, Pedro Sérgio dos; Sousa, Gaspar Alexandre Machado de; Lima, Suzann Flávia Cordeiro de
El estudio explora el papel de las políticas públicas en el Estado de Goiás, con énfasis en las intervenciones de las fuerzas policiales y su relación con los índices de criminalidad. Las fuerzas policiales son responsables del mantenimiento del orden público y de la seguridad de la población, según lo establecido en el artículo 144 de la Constitución Federal, que define la seguridad pública como deber del Estado y responsabilidad de todos. Entre los años 2020 y 2023, el Estado de Goiás se destacó entre las unidades federales con altas tasas de letalidad policial, quedando en tercer lugar en el ranking nacional en 2020, con una media de 89 muertes por 100.000 habitantes. Este dato coloca al estado entre los que tienen mayor número de muertes por intervenciones policiales, detrás solo de estados como Amapá y Sergipe. Los datos de homicidios en Goiás revelan una tendencia preocupante, con tasas que, en algunas áreas, superan la media nacional. El análisis de estos datos permite identificar índices de criminalidad y dirigir recursos de manera más eficaz. La letalidad policial, a su vez, ha sido un punto de controversia. El aumento de las acciones policiales letales puede interpretarse como una respuesta directa a la creciente violencia, pero también plantea preguntas sobre la necesidad de un entrenamiento adecuado y protocolos que garanticen el uso proporcional de la fuerza. Las políticas enfocadas en la reducción de la violencia incluyen la capacitación de los policías, la implementación de programas de inteligencia y la promoción de acciones comunitarias que apunten a la inclusión social y la reducción de las causas subyacentes de la criminalidad. La colaboración entre diferentes organismos gubernamentales y la sociedad civil es crucial para el éxito de estas iniciativas.
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.
Levantamento sobre as contratações de profissionais do magistério para atender necessidade temporária de excepcional interesse público da Secretaria Municipal de Educação de Goiânia/GO entre 2012 e 2020: análise sobre a (des)continuação do projeto pedagógico na escola e o perfil dos profissionais temporários
(Universidade Federal de Goiás, 2023-05-16) Schuster, Guilherme Sanini; Silva, Robert Bonifácio da; http://lattes.cnpq.br/9425542829673914; Coelho, Saulo de Oliveira Pinto; Gomes Neto, José Mário Wanderley; Silva, Robert Bonifácio da
The present research deals with a survey of contracting for a fixed period of the Municipal Secretariat of Goiânia/GO, between 2012 and 2020, with the objective of verifying if these hirings were made in a relevant way by the Municipality and, also, to know the perception of the professionals in the network from Goiás municipal public education about the effects of teacher turnover on the quality of Education. To achieve this purpose, the study analyzes the local law that establishes the hypothesis of exceptional public interest, carries out a quantitative survey of temporary teachers in the historical series, identifies the profile of temporary and effective teachers of the Network, and also illustrates the impact that the model contract entails municipal education. The research adopted methodological pluralism, having in the quantitative phase the descriptive empirical model, carrying out a survey of data from the School Census and the Transparency Portal and, in the qualitative phase, a case study was carried out, using interviews carried out with education professionals. It was revealed that the provision in the local law, to a large extent, contributes to temporary hiring being carried out on a recurring basis. It was found in some periods that the number of temporary teachers was exorbitantly compared to the historical average. The profile of effective and temporary professors was defined, under variables: age, sex, race/color, education and institution of higher education. It was detected, in the view of the interviewees, that temporary hires facilitate the occurrence of teacher turnover and the discontinuation of the political pedagogical project at school, causing a rupture in teaching. In view of the scenario found, using the Constitutionalism of Results, it is concluded that the Temporary Hiring tool, although necessary for certain situations, ends up having harmful effects on quality Education, and it is therefore suggestive that the local educational public policy be fed back for purposes of adequacy of its plumb line.
Política pública de fomento às micro e pequenas empresas pelo poder das compras públicas no Estado de Goiás: controle externo pelo TCE/GO (2006-2019)
(Universidade Federal de Goiás, 2021-04-28) Barzellay, Larissa Sampaio; Motta, Fabrício Macedo; http://lattes.cnpq.br/1446078229301388; Neves, Cleuler Barbosa das; http://lattes.cnpq.br/3567330317986829; Neves, Cleuler Barbosa das; Schier, Adriana da Costa Ricardo; Motta, Fabrício Macedo
It investigates the actuation of Goias’s State Court of Counts at the control and public purchase oversight, focused on the impact of micro and small business promotion, in the local social and economic development. The governmental purchases (bidding) are presented as a market regulation instrument. Because of this, its control, by the excellence external control organ – Court of Counts –, can be essential to a better result and guide of public policy. The public purchases move bulky amounts, at the federal sphere as well as at the state sphere. They can, with this, once directed, be a big instrument of promotion of a determinated economic sector. When putted together these two themes – economic sector and bulky numbers – the first remission that infers is related to the micro and small business. The study shows the interference of the MPEs in the socioeconomic indicators, as the PIB and formal job (RAIS and CAGED). A theoretical discussion is promoted - in a Law and Public Policy approach –, about the public purchases and the participation of the micro and small business in this, as well as how the Court of Counts (history in Brazilian constitutions, instruments of action, functions, moments of action etc.). Concrete actions are chosen and analyzed, of the acts of actions of the Court of Counts of the State of Goiás (267 Decisions), having for focus the micro and small business. The participation of the micro and small business in the State of Goiás public purchases, between 2006 and 2019, is analyzed, as well as the 267 judgments prolated at the same period by the TCE/GO about the theme in order to diagnose the actuation of this agency about the MPEs. The main results shows that the participation is still low (media at the period 15% of the total of the state purchases and hiring of 1% of microbusiness with establishment registered in the state of Goiás) and that there wasn’t yet, by the Court of Counts of the State of Goiás, an evaluation of micro and small promotion public policies via audit. On the other hand, there are several judgments with determinations and recommendations, which were mapped and shown as reference. By the Pareto analysis method, its shown the public organs that concentrates the highest numbers of processes and the volume of inspected resources, which can be an indicative object to a TCE/GO oversight related to the participation of the MPEs in the public purchases of the state of Goiás agencies. In face of the statistical results, the main conclusion of the study is that there is lack of distributive justice in the values of the payments of the public purchases in the scope of the Goiás State and that it’s the TCE/GO’s function to act, based on its extern control agency power, above the state purchase power, in public policy control and support on the search of better ways to the state management, due to the persecution of the promotion foreseen in the LC nº 123, from 14 of december of 2006.
O racismo na política de drogas e a defesa social na política judiciária: uma análise do discurso das decisões de habeas corpus no Tribunal de Justiça de Goiás
(Universidade Federal de Goiás, 2024-03-06) Santos, Ícaro Melo dos; Miranda, Bartira Macedo de; http://lattes.cnpq.br/5889103843439878; Miranda, Bartira Macedo de; Coelho, Saulo de Oliveira Pinto; Ferreira, Carolina Costa
The research investigates the intersection between racism in drug policy and societal defense, using the jurisprudence of the State Court of Goiás as an empirical basis for analysis, within the challenging context of the Covid-19 pandemic. Employing approaches from Critical Discourse Analysis (CDA) and Critical Criminology, the research relies on fundamental concepts such as discourse, power, ideology, and hegemony to identify discursive aspects that perpetuate racism in criminal sciences and influence judicial decisions. Throughout the investigation, discourses of the societal defense ideology persisting in the legal system were identified, utilizing legal institutions such as personal search, inviolability of the domicile, and the agent's dangerousness. These practices are intrinsically linked to an ideology promoting hegemony, necessitating constant critique of the undeclared functions of the penal system. As a result, recommendations were suggested to mitigate and modify identified discursive practices. It is proposed to establish a Permanent Observatory for Analysis of Judicial Decisions to monitor and evaluate the legislation's application based on anti-racism principles, as well as to amend requirements in the professional development of court officials and in leadership and advisory positions within the State Court of Goiás (TJ/GO). Furthermore, altering the objective promotion criteria in the judiciary career is suggested as a means to promote an equitable approach in the judicial system. These recommendations aim not only at identifying and critiquing discriminatory practices but also at implementing concrete measures to promote an anti-racist justice. Within the scope of its objective, the dissertation contributes to understanding the dynamics between racism, drug policy, and the justice system, providing insights for the formulation of anti-racist public policies and judicial practices.
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
Resistências à aplicação da Lei Maria da Penha enquanto política pública - mapeamento exploratório de resistências jurisdicionais ilegítimas e crítica hermenêutica
(Universidade Federal de Goiás, 2024-04-03) Gonçalves, Ariane Patrícia; Coelho, Saulo de Oliveira Pinto; http://lattes.cnpq.br/6725961067847325; Coelho, Saulo de Oliveira Pinto; Miranda, Bartira Macedo de; Souza, Luanna Tomaz de
This is research consisting of exploratory mapping of decisions mitigating the effectiveness of the Maria da Penha Law (LMP). This law is understood as a structuring norm for a broad and articulated public policy to curb domestic and family violence against women, which is made up of several axes. For the purposes of this research, the axis of confronting and combating violence will be the object of analysis, made up of punitive actions and compliance with the Maria da Penha Law, whose implementation is carried out by the Judiciary. The research has an empirical, qualitative and exploratory nature, and its main documentary source is legal proceedings that are being processed in jurisdictional bodies in the state of Goiás. The only time frame is the entry into force of the Maria da Penha Law, on August 7, 2006, as the research is interested in judicial decisions issued at any time during the validity of the aforementioned law, which can be identified as illegitimate resistance to the effectiveness of this specific axis of public policy, in which the following consequences are identified: non-protection of women, non-accountability of perpetrator or situations of secondary victimization. The selection criteria were identified in exploratory reading. To select cases, requests were made to all Domestic and Family Violence Public Prosecutor's Offices in the State and to the Specialized Constitutional Appeals Prosecutor's Office. Furthermore, some cases were mapped by the researcher herself. In total, the exploratory research identifies and analyzes 38 legal cases in which the phenomenon of illegitimate resistance to the full effectiveness of the LMP was outlined. The mapping carried out does not intend to be an exhaustive mapping, since the main objective of the research is to highlight situations of resistance from the judiciary to the LPM, without the intention of quantifying the total amount or frequency of these situations. Once the exploratory mapping was completed, we proceeded to the content analysis of the decisions, focusing on the analysis of the legal rhetoric used (analysis of argumentative strategies), based on the theoretical references of the Hermeneutic Criticism of Law and the Feminist Analysis of Law. The contribution of this research consists of the effective qualitative analysis of the content of decisions, from the perspective of such references, highlighting the reproduction of gender inequalities by the Judiciary, especially in situations of violence against women, and demonstrating, in detail, the illegitimate interpretations in judicial decisions, which resulted in restriction of the protective and responsible effect of the LMP. This mapping, through a critique based on consistent theoretical and dogmatic references, serves to give visibility to these bad jurisdictional practices (constitutionally inadequate decisions), allowing a better understanding and reflection on the effects of the actions of judicial bodies as actors implementing the policy public policy studied, which should act in conjunction and synergy with the objectives of this public policy. In the end, the illegitimate resistance and respective consequences for politics and victims were compiled in a Technical Note. This product will be sent to the institutions of the justice system involved in the judicial processing of domestic and family violence, as well as to associative entities, commissions and forums involved in combating domestic and family violence, for the appropriate and possible measures for each
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.
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.
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.
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
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.

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