Mestrado Profissional em Direito e Políticas Públicas (FD)

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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.
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 Dantas
This 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.
Os modelos público e híbrido de prestação dos serviços de saneamento básico: uma análise comparativa de eficiência do saneamento nos Estados de Goiás e Tocantins
(Universidade Federal de Goiás, 2020-12-18) Gomes, Camila Nicolai; Santos, Aline Sueli de Salles; http://lattes.cnpq.br/4636918444602186; Coelho, Diva Júlia Sousa da Cunha Safe; http://lattes.cnpq.br/4931359354042532; Coelho, Diva Júlia Sousa da Cunha Safe; Santos, Aline Sueli de Salles; Motta, Fabrício Macedo; Rocha, Luiz Alberto Gurjão Sampaio de Cavalcante
Public policies have been attacking every day the importance of the public service of basic sanitation, being a structural sector that presents deficits in the attendance of the sanitation service, without significant improvements over the years. For a general understanding of the issue, a survey on the state of the art of the literature on basic sanitation was carried out, aiming at understanding the regulation of the sanitation service, identifying advantages and disadvantages of the public and hybrid models of basic sanitation provision, and discussing the consequences of the legislative changes resulting from the Law 14.026/20 - New Legal Framework for Sanitation. The general objective of this empirical study, based on the comparative efficiency analysis between the states of Goiás and Tocantins of basic sanitation policy, considering water and sewerage services, is to diagnose which of the forms of concession of the mentioned service presents the best results, whether public or hybrid, using specific SNIS indicators from the years 2012 to 2018. The main results obtained in this research are relevant findings, through a comparative diagnosis of the data analysed, without pointing to a definitive answer on the most successful model, such as the deconstruction of the idea that small population municipalities would not be profitable, since the smaller population municipalities in the state of Tocantins have shown that their collection is higher than the expenditure. Moreover, it is concluded that investments in sanitation have an impact on greater access to services and higher quality, and are indispensable for achieving the new targets set. In the case of Tocantins, all the evidence in the data analyzed leads to the conclusion that the adoption of the private sanitation model generated a positive impact on universalization. The state of Goiás, on the other hand, has shown itself to be ahead with a stable performance in several indices, having already achieved the desired universalization in water distribution and presenting better rates of sanitary exhaustion. Both models have positive and negative points, but in common with all public sanitation policy we have the need to fill the regulatory vacuum and of the immediate coverage of the places without this service.
TCU e stare decisis administrativo: o caso das cláusulas restritivas em editais de licitação de obras de engenharia
(Universidade Federal de Goiás, 2019-08-28) Naves, Fernanda de Moura Ribeiro; Neves, Cleuler Barbosa das; http://lattes.cnpq.br/3567330317986829; Neves, Cleuler Barbosa das; Motta, Fabrício Macedo; Ribeiro, Leandro Molhano
The impacts of the costs of corruption are notorious in jeopardizing the effectiveness of public policies in Brazil, whose increase may be related to the lack of effective oversight by the control bodies. The concomitant control of irregularities in public bildings bids by the Audit Courts is justified, since it is in the internal phase of the event that the definition of the object, the rules of authorization and the conditions of execution occur, which may allow its direction and preset a victor of a future dispute; or even generate the impossibility of its realization. Bids and administrative contracts for engineering works and services are endowed with technical peculiarities that require the interpreter and the applicator of the Special Law to pay attention to the insertion of potential restrictive clauses of the competitive nature in their convening acts. Thus, it is defended the concomitant control of public bidding for works by the Courts of Accounts as a public policy of corruption’s prevention. In this context, the term "restrictive clause to competitive character" is an indeterminate legal concept, the occurrence of which may attract external control by the competent court or court. The jurisprudence of the Federal Court of Audit (TCU) can give the manager an important source of knowledge for making decisions regarding the planning and execution of its activities, functioning as an instrument to induce good practices, avoiding the occurrence of irregularities, correcting the asymmetry of information among the jurisdictions. However, a large volume of guidelines on bids and administrative contracts generated by the TCU has the potential to create interpretative difficulties for its jurisdictions. Considering the TCU as a constitutional court, whose judgments must form administrative jurisprudence to be followed by the Public Administration, it is desired with this study to evaluate if said court uses its decisions as precedents in the matter of bids and contracts for the judgment of analogous cases, using as an example examples of clauses restrictive to the competitive nature of public works bids extracted from bibliographical research. It was verified that the TCU has not yet incorporated the system of precedents in its decisions, through a search in its basis of judgments available on the internet, which may lead to the application of reprimands that disregard the principles of isonomy, integrity, impersonality and legal certainty, because it jeopardizes the coherence and the rationability of the decisions issued in the external control processes. The conclusion of this study pointed to the need to improve TCU's decisions, and this court should have two agendas: one to overcome historical weaknesses such as the need to consolidate jurisprudence and improve and harmonize proceduralism (which should be typical and autonomous) and another focused on the incorporation of new technologies, such as artificial intelligence, to work routine, with possible agreement with the Superior Court of Justice (STJ) to improve its jurisprudence service and indexation of its judgments, to avoid legal uncertainty, with the provision of the judgments in a standardized way, with a simple structure, intuitive access to their electronic address, using clear and accessible language.
Análise da política pública de justiça restaurativa desenvolvida no centro de atividade restaurativa (CEJUR) em Goiânia
(Universidade Federal de Goiás, 2022-08-18) Lima, Lucilia de; Azevedo Neto, Platon Teixeira de; http://lattes.cnpq.br/2017473090623178; Azevedo Neto, Platon Teixeira de; Silva, Juvêncio Borges; Tavares Neto, José Querino
This research has as its object of study the Judicial Public Policy of Restorative Justice implemented at the Centro de Atividade Restaurativa de Goiânia, from 2017 to 2021, an initiative of the Judiciary of the state of Goiás, which took place with the Decree nº 1.346, of June 12, 2017, based on the Resolution nº 225, of May 31, 2016, of the National Council of Justice, which provides for the National Judicial Public Policy on Restorative Justice, defined, in its preamble, as a policy of access to justice, through a consensual approach to conflict resolution, providing participation for those involved in conflicts and violence, in the search for reparation and restoration of damages as far as possible. Therefore, it is proposed to present a diagnosis regarding its implementation, referring to the question: how is the fulfillment of the Public Policy of Restorative Justice in Centro de Atividade Restaurativa in Goiânia? Throughout the understanding of this problem, the path developed starts from the theoretical survey on Restorative Justice in its history, its values and its principles. The discussion concerning the retributive and restorative paradigms points out the differences between the punitive system and the new restorative proposal. The legal framework and implementation in Brazil as Public Policy are presented. In a second moment, Law and Public Policies are approached, with the aim of presenting as a product a legal-institutional diagnosis of the program in question. It should be highlighted that the empirical method guides the study, of an exploratory-descriptive non-casual nature, in which documentary and bibliographic research will be carried out, of a qualitative and quantitative nature, and comprises the application of the Law and Public Policy Approach in the production of legal and institutional diagnosis. It is aimed to survey the profile and satisfaction of beneficiaries, according to the following hypotheses: following its implementation, the program has promoted greater participation of those involved in conflicts and violence, and it has developed adequate environment for safe procedures for care in restorative justice in accordance with Decree nº 1.346, which establishes it. According to the premises above, it is concluded that in Centro de Atividade Restaurativa, the restorative justice policy was implemented, which has provided the participation of the beneficiaries; takes place in an adequate and safe environment; and presents an expansion plan. However, it lacks the construction of an evaluation and monitoring plan that allows this expansion and measurement of the results of actions already in progress, which results in effectiveness and efficiency for the improvement of the implemented program, which is still incipient.
O comportamento judicante das câmaras municipais goianas no exercício do controle externo do Poder Executivo Municipal: análise dos reflexos das teses fixadas nos temas de repercussão geral nos 157 e 835 pelo Supremo Tribunal Federal
(Universidade Federal de Goiás, 2022-08-12) Silva, Thalita da Costa e; Motta, Fabrício Macedo; http://lattes.cnpq.br/1446078229301388; Motta, Fabíricio Macedo; Freitas, Leonardo Buíssa; Ferraz, Luciano de Araújo
Grounded in the historical trajectory of the government administration control theme, as well as its importance in the management models undertaken in Brazil, it`s acknowledged that governance has an apparatus that better accompanies the achievement of accountability and fundamental rights to administrative probity, access to information and righteous governance. In light of this theoretical framework, external control emerges, in charge of accounting, financial, budgetary, operational and patrimonial inspection. Notably related to this control over the acts of Municipal Mayors, it appears that there was a transfiguration regarding the subjects heading their judgment and concerning the acts issued by them. This is due to the fact that, in August 2016, the issue was faced by the Federal Supreme Court (Extraordinary Appeals n°729.744/MG and n° 848.826/CE), which established the exclusive competence of the City Council to judge the management accounts of the Mayors, when they performed as an expense authorizing officer, with the Court of Auditors uniquely bearing the responsibility of issuing a prior opinion, and defined that the opinion will only generate effects after its acceptance by the Legislative Power. On these grounds, this current empirical research aimed to analyze what the consequences of this change of understanding in the external control of the municipalities of Goiás were. After gathering the data carried out with the TCM/GO and the municipal councils of Goiás, the outcomes indicated that a significant part of the chambers are not aware of this competence to judge management accounts, which was consecrated to them. Furthermore, it was found that in most cases the Chamber does not follow-up the unfavorable opinion issued by the TCM/GO and approves the accounts. It was also noted that after the publication of the above-mentioned theses, an increase in the pendency of cases awaiting judgment by the Chambers. In the scrutiny of the judgmental behavior of the Municipal Legislature, there was greater speed when it comes to government accounts, to the detriment of management accounts, which on the whole are archived, even with the TCM/GO opinion for the rejection. It was also noticed that the average time for processing the Mayors' accountability process in the Chambers is around 2 years and six months, which undoubtedly makes situations that would give rise to ineligibility innocuous, in view of the lack of prevalence of the opinion until the Chamber's manifestation. In brief, it is inferred that, whether by reviewing the literature or empirical data, there was a weakening of the role of the Court of Auditors, since it lost its autonomy of judgment and its opinion no longer prevails as far as the Chamber pronounces itself, which culminates in the weakness of accountability in public management and, hence, in governance.
Controle dos incentivos fiscais de ICMS no estado de Goiás: um estudo de caso múltiplo das instituições de controle interno e externo nos âmbitos da atuação, transparência e articulação
(Universidade Federal de Goiás, 2022-06-17) Lolli, Eduardo Henrique; Coelho, Saulo de Oliveira Pinto; http://lattes.cnpq.br/6725961067847325; Coelho, Saulo de Oliveira Pinto; Tavares, Francisco Mata Machado; Silva, Maria Stela Campos da
The present work stems from theoretical and empirical research (multiple case study) with the objective of carrying out a diagnosis of the performance of 3 (three) institutions in Goiás (CGE/GO, TCE/GO and ALE/GO) in terms of internal control and external tax incentives and waiver of ICMS revenues, in the indicative period from 2014 to 2019, as well as developing forecasts for incremental improvements in the transparency and effectiveness of the respective control. The research can be classified as legal-descriptive, legal-propositional and, occasionally, legal-comparative, as well as exploratory in the theoretical part. For the evaluation of these institutions, 3 (three) criteria are considered, pillars of a constitutionally adequate control, namely, the effective exercise of the respective attributions in this matter; the access of the aforementioned institutions to information and data necessary for audits, inspections and other inspection work; and the existence of inter-institutional articulation between these institutions. In the context of the main approach methodology, the Case Study, the hypothetical-deductive method was used as support for the testing of phenomena and propositions; and, as instruments, bibliographic, jurisprudential and literature review, regulatory analysis (especially federal and state standards), collection of primary data through interviews with participants from selected institutions, collection of secondary data made available in active transparency or upon request access to information formulated by the author with public bodies and private entities and document analysis. It also used, as a starting point, the author's perceptions arising from the experience as one of the prosecutors who advised the CPI on Tax Incentives of ALE/GO between 2019 and 2020. importance of its evaluation; the Law and Public Policy Approach (DPP) applied to tax incentives; the understanding of fiscal incentives as public expenditure and as a subsidy/encouragement, based on the notion of extrafiscality; the 3 (three) pillars for a constitutionally adequate control of tax incentives and waiver of ICMS revenue previously presented and that can be summarized in the trinomial performance, information/transparency and articulation, in addition to considerations about the design of each program and type of incentive ICMS tax in the State of Goiás, based on the state of the art of legal discussions on the subject. The main results found are the late (and incipient, in many aspects) supervisory action by the controlling institutions, although it is possible to say that there have been some advances, especially from 2019; the institutions' difficulty in accessing information and data, notably at the taxpayer/beneficiary level, due to the imposition of tax secrecy, as well as the lack of transparency on part of the control actions developed; and a very incipient articulation between the institutions in this matter, especially until 2018. The main propositional conclusions of the study point to the need to strengthen the controlling institutions regarding the aforementioned pillars and, mainly, to increase transparency in this matter, including so that the civil society itself can exercise a role of control and pressure for state responsiveness in this matter.
Políticas públicas: sustentabilidade financeira dos contratos administrativos
(Universidade Federal de Goiás, 2019-08-26) Oliveira, Antônio Flávio de; Motta, Fabrício Macedo; http://lattes.cnpq.br/1446078229301388; Motta, Fabrício Macedo; Freitas, Leonardo Buíssa; Mânica, Fernando Borges
It was argued by some authors that sustainability corresponds to a principle and not only a criterion included in public procurement and contracting, it was understood for some time that this would only be an influx of the environmental question on the expenses that the Public Power would perform, without granting it a broader connotation, to cover aspects such as the existence of correspondence between economic means and the necessary expenditures. The vision of sustainability as a principle and not just as a criterion, leads to the need for public policies themselves to be designed by observing it. Therefore, from this perspective, it is necessary to adopt mechanisms that allow the sizing of public expenditures that stand out from bidding and contracting leading in a planned way, so that there is a correspondence between resources and needs that will be met. With the collection of data on works inspected by the Brazilian Court of Auditors, two interesting and equally relevant aspects for the control of public expenditures were found. The first one, which was not a research scope, was the difficulty of obtaining data that should be made available on transparency sites; while the second corroborated the hypothesis originally formulated that the lack of planning compromises the economic sustainability of public works and services, delaying them and increasing the final value. It ends with the presentation of recommendations that, adopted, may give greater sustainability to the administrative hirings.
Avaliação de eficiência do Programa Nacional de Habitação Urbana no combate ao déficit habitacional em Goiânia no período compreendido entre 2009 e 2019
(Universidade Federal de Goiás, 2022-02-17) Abrão, Frederico Leão; Costa, Andréa Abrahão; http://lattes.cnpq.br/2926748366855225; Costa, Andréa Abrahão; Motta, Fabrício Macedo; Amaral, Cláudia Tannus Gurgel do
The research objective of this dissertation is the evaluation of the efficiency of the National Urban Housing Program (NUHP) in the fight against the housing deficit in Goiânia between 2009 and 2019. Through bibliographic and documentary analysis, the first chapter addresses the evolution of the concept of the right to housing at the international level, the process that led to its constitutionalization in Brazil and the Minha Casa, Minha Vida Program. Are presented the legal contours of this public policy, as subprograms, service groups, funding sources, applied methodology, guidelines and requirements related to the projects to be developed. Then, it enters the Brazilian housing scenario through the concepts and methods officially used to measure the shortage and stock of housing in the country, being demonstrated in tables and graphs, prepared based on data obtained from secondary sources, the characteristics of the housing deficit in Brazil and Goiânia. The second chapter also provides information related to sectorial indicators and the housing production of the NUHP in Goiânia and its metropolitan region, such as the number of housing units delivered, amounts invested and the location of projects aimed at families with a monthly income of up to 03 (three) minimum wage, which represent more than 90% of the total local housing deficit. It also deals with the adherence between the housing offer promoted by the Program and the lack of housing in the municipality, analyzed based on an indicator proposed by the research. In the third chapter, the evaluation of the NUHP 's efficiency is carried out, having as reference the concept of administrative efficiency adopted by ÁVILA (2019). The relationship between the components of the housing deficit and the delivery of housing by the Program in Goiânia is analyzed, as well as the presence of qualitative attributes in the built properties and, in the end, the regulatory problems identified. Based on the data collected, the work concludes that the NUHP was not efficient in combating the housing deficit in the municipality of Goiânia in the researched period and pointing as causes for the result obtained, regulatory problems that implied the majority allocation of resources to families that did not fit the components of the housing deficit.
Convenções processuais em lides tributárias: instrumento de política pública consensual para recuperação do crédito tributário
(Universidade Federal de Goiás, 2021-12-06) Rennó, Gabriela Machado; Carvalho, Silzia Alves; http://lattes.cnpq.br/4479623908963181; Vieira, Lucas Bevilácqua Cabianca; Bachur, João Paulo; Carvalho, Silzia Alves
The study aims to analyze the consensual public policy of active debt collection, with a focus on Procedural Legal Businesses (NJPs) signed at the federal level, with a view to collecting scientific evidence on the phenomenon studied. The question that we intend to answer, under the theoretical understanding of collaborative law and consensuality as a duty of action of good public administration, is to measure whether consensual action, through the NJPs, generates efficiency for federal tax collection, with benefits to the taxpayer and the Public Administration, to subsidize specific regulation of such practice by the State of Goiás. To answer it, consensuality is analyzed in a theoretical, normative and empirical way. In the first part, we seek to establish the theoretical and normative paradigms that underlie the dialogic tax collection, running over relevant points, such as the unavailability of public credit and the slowness of tax executions. Then, empirically, the second part of the dissertation is intended to map the NJPs signed by the Attorney General of the National Treasury, indicating descriptive statistical analysis of data and scientific evidence on the use of procedural conventions in tax matters. The reality of tax consensuality in the State of Goiás is also analyzed, in order to assess the increase in consensuality, state limitations and opportunities. In this part, the main impasses related to judicial tax collection and the form of employment of the NJP are assimilated, in order to verify the effects of consensuality in Tax Law through the specific mechanism. In the third part, finally, the practical plan of consensual tax collection in the State of Goiás is evaluated, using the federal experience to support good performance practices at the state level, through the methodology of ex ante evaluation of public policy. In conclusion, finally, the problem that motivated the research is resumed, with a view to revisiting the hypotheses tested in the work and providing practical subsidies to be used by the State Attorney of Goiás in the institutionalization of procedural conventions in tax matters. It is concluded that specific regulation by public entities is recommended and the use of procedural conventions needs to be encouraged to implement the Public Judiciary Policy for the proper resolution of conflicts, contributing to the reduction in tax litigation and to the increase in the collection of public safes.
Gestão compartilhada de políticas públicas: o caso dos institutos tecnológicos do estado de Goiás
(Universidade Federal de Goiás, 2020-12-17) Freitas, Daniella Paula de; Tavares Neto, José Querino; http://lattes.cnpq.br/2420742587515754; Tavares Neto, José Querino; Coelho, Diva Júlia Sousa da Cunha Safe; Bier, Clerilei Aparecida
As this is a new form of management by the Public Administration in dealing with Public Policies, shared management needs to be researched and studied so that, using the data collected, its results can be verified. Therefore, this research started from the following problem: What were the results regarding the effectiveness, efficiency and effectiveness presented by the management shared between the public and the private in the management of the Technological Institutes of the State of Goiás (ITEGOS)? To this end, we sought to evaluate the reports of the activities of the Social Organizations IBRACEDS, FAESPE, REGER, CEGECON and CENTEDUC in the management of ITEGOS in the years 2017, 2018 and 2019, as well as the announcements of courses offered in the year 2019, the single year already closed in which all OSs were active and with data available on the transparency portal. It was found that the Public Policy model of shared management, in general, despite being effective, has low efficiency and is not effective in the sense of providing social impact and causing socioeconomic change in the lives of students.
Em busca da eficiência na execução dos serviços públicos de limpeza urbana e manejo de resíduos sólidos
(Universidade Federal de Goiás, 2021-07-16) Sousa, Augusto Corrêa de; Motta, Fabricio Macedo; http://lattes.cnpq.br/1446078229301388; Motta, Fabricio Macedo; Freitas, Leonardo Buissa; Elali , André de Souza Dantas
The present work seeks to analyze the efficiency in the provision of the public service of urban cleaning and solid waste management made by Companhia de Urbanização de Goiânia. (COMURG) Initially, an approach will be made on the origin, terminology and effectiveness of fundamental rights, as well as the connection with the idea of the existential minimum and the obstacles imposed by the theory of the reservation of the possible, without neglecting the mention of the rights to health, to the ecologically balanced environment and basic sanitation. The costs of rights will also be analyzed in opposition to the principle of prohibition of social setbacks. Then, an overview will be made about the competence to provide urban cleaning services and solid waste management, public policies and legal-institutional arrangement, concept and forms of providing public services and forms of funding. The basic concepts of the Economic Analysis of Law will be worked out and, at the end, a comparative analysis of the indicators and information of the National Sanitation Information System (SNIS) for the cities of Goiânia, Belém, Campinas (SP), Curitiba, Guarulhos will be carried out. (SP), Maceió, Porto Alegre, Recife, São Gonçalo (RJ) and São Luís. In the final part of the work, the balance sheets of the COMURG published in the last twenty-five years will also be analyzed. Finally, Altman's Z'-Score and Z ’’ - Score tests will be applied to COMURG’s 2019 balance sheet to gauge the state’s solvency.
Avaliação da gestão por organizações sociais como instrumento da política pública de educação profissional: diagnóstico crítico da experiência do estado de Goiás na perspectiva do constitucionalismo democrático
(Universidade Federal de Goiás, 2020-12-16) Barros, Renata Campos Bernardes; Coelho, Saulo de Oliveira Pinto; http://lattes.cnpq.br/6725961067847325; Coelho, Saulo de Oliveira Pinto; Carvalho, Luciani Coimbra de; Tavares Neto, José Querino
This article is part of the collaborative insertion of organized civil society in the management of public services, a phenomenon that started in Brazil with the State Reform. We focus on the experience of the State of Goiás in the management of professional education, in the face of the problem of the lack of a practice of monitoring and evaluating the results of this public choice and its effects on public policy on professional education. With the objective of constructing theoretical and methodological subsidies for structuring a diagnosis of this phenomenon, a research promoted a study on the process of managerial administrative management, focusing on the Brazilian experience of education management and emphasizing an analysis of the possibility conditions for the constitutional adequacy of this management choice, in view of public policy objectives. There was also a mapping of the experience of the Rede ITEGO, a structure of the Goiás government focused on offering professional education, in order to characterize its modus operandi and the insertion of social associations in this context, with an emphasis on the analysis of failures in terms of preparation, regulation and planning of contract monitoring and evaluation routines. At the end, it presents a first diagnosis of the performance of these associations, focusing on a legal analysis of public policy.
Desempenho e avaliação de impacto legislativo na Assembleia Legislativa do estado de Goiás (2014-2019)
(Universidade Federal de Goiás, 2020-12-18) Lopes, Victor Hugo Gomes; Silva, Robert Bonifácio da; http://lattes.cnpq.br/9425542829673914; Silva, Robert Bonifácio da; Tavares Neto, José Querino; Silva, Rafael Silveira e
Objective: to promote parliamentary performance analysis based on the processing of legislative proposals and the identification of criteria for assessing legislative impact. Methods and techniques: legal-sociological study, based on a hypothetical-deductive method, build on an author database formed by the documentary analysis of 5,255 proposals submitted to the Legislative Assembly of Goiás between 2014 and 2019. Results: prevalence was observed conversion into law of proposals for initiatives by the Executive Branch and other bodies in relation to those originated by parliament. There is a growing increase in the number of bills of parliamentary origin that deal with public policies in recent years. Although not mandatory, it was noted that the presence of criteria for assessing legislative impact tends to increase the chances of the proposal becoming law. Conclusion: the behavior of the state parliament is similar to what the literature observes in the National Congress. The inclusion of AIL as a mandatory step in the legislative process has the potential to reduce the number of symbolic laws and improve the quality of legal normative acts.
Política penitenciária: ação dos conselhos da comunidade e sua correlação com a taxa de ocupação do cárcere em Goiás, de 2017 a 2018
(Universidade Federal de Goiás, 2020-02-07) Vasconcelos, Joel Pacífico de; Miranda, Bartira Macedo de; http://lattes.cnpq.br/5889103843439878; Miranda, Bartira Macedo de; Cardoso, Franciele Silva; Santos Neto, Arnaldo Bastos; Costa, Andrea Abrahão; Vasconcellos, Vinícius Gomes de
Under the title Penitentiary Policy: action by the Community Councils and its correlation with the prison occupancy rate in Goiás, from 2017 to 2018, this dissertation surveys the situation of the penitentiary system in Goiás, focusing on its occupancy rate, which allows us to affirm that there is a prison overpopulation in this state. Faced with this problem, it presents an empirical research on the possible relationship between the performance of the Community Councils and the reduction of incarceration rates, carried out in the years 2017 and 2018, concentrated in prisons in Goiás. It presents the data of the Brazilian prison system, with clipping to the data of the State of Goiás, from years 2017 and 2018, to affirm that the occupation rate in Brazil has always been above the recommended. The work raises the hypothesis that the actions developed by the Community Councils, a criminal enforcement agency, with each prison unit in the State of Goiás, have a positive impact on prison conditions. The choice was not random and was based on the fact that the Community Council, among the organs of penal execution, is the one representative of the local population and, therefore, allows implementing democratic and participatory prison policies. Based on this hypothesis, the research includes the collected data and presents a conclusion that can guide public policy developers in decision-making. The empirical research did not confirm the hypothesis initially formulated, justified by the absence, imprecision or inaccuracy of the data. However, it allowed to observe a discreet correlation between the work of the Community Council and the rate of prison occupation.
Racionalidade legislativa e produção normativa de políticas públicas na Câmara Municipal de Goiânia
(Universidade Federal de Goiás, 2021-02-08) Velasco, Lucas Cavalcanti; Silva, Robert Bonifácio da; http://lattes.cnpq.br/9425542829673914; Silva, Robert Bonifácio da; Soares, Fabiana de Menezes; Motta, Fabrício Macedo
This study investigates the rationality of legislative production in the context of public policies from the processing of legislative proposals of the Municipality of Goiânia. Based on the theoretical references of Legisprudence and Legistic Material, two axes of analysis are created: that of the “instrumentality of normative activity” and that of “democratic legitimacy”, to highlight the legislative justification as the central object of normative dynamics. The empirical study is carried out by the manipulation of an authorial database constructed with information between 2009 and 2018, and descriptive analysis was performed based on the crossing of qualitative and quantitative variables. The results indicate that, although not mandatory, the presence of legislative evaluation criteria positively influences the processing of proposals, which must be adequately debated and justified to the citizen, the main recipient of this process. The study undertaken corroborates the interpretation that the low rationality of normative dynamics justifies the institutionalization of an evaluation model capable of improving the process of elaboration of public policies, a model conceived as a product of this work.

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