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    Integridade, compliance e anticorrupção: as empresas estatais e o estado da arte
    (Fundação João Pinheiro, 2020-03-31) Caldeira, Marcos Guilherme Nunes; Dufloth, Simone Cristina; http://lattes.cnpq.br/6166815079725368; Dufloth, Simone Cristina; Wanderley, Cláudio Burian; Magalhães, Tiago Fantini
    In a moment of reconstruction of the institutional place of state companies, tainted by the recent fraud and corruption scandals, the promotion of integrity and compliance has been highlighted in the State's solutions agenda. Issued in this context, the State-owned Companies Law brings to live a complex corporate governance arrangement, introducing a true system of integrity, compliance and anti-corruption. In this sense, and with the broader purpose of contributing to the improvement of the Brazilian integrity institutional environment, this study aimed to analyze the system of integrity, compliance and anti-corruption introduced by the Law of Stateowned Companies in the light of the international best practices, taking as a reference the guidelines established by the Organization for Economic Cooperation and Development (OECD). As a result, it was observed that the Law of State-owned Companies presents a considerable degree of convergence in view of the evaluated good practices, having introduced in the Brazilian legal system a normative arrangement of integrity, compliance and anticorruption, which moves towards what could be consider the 'state of the art'. On the other hand, despite substantially adhering to the transnational recommendations, the law still presents gaps and omissions in at least three perspectives: integrated risk management; internal controls, ethics and compliance; and autonomy of state-owned companies and their decision-making bodies. The results of the research point to a propositional agenda for future studies, with a focus on investigating the alternatives for improving the Law of State-owned Companies and the Brazilian institutional environment, based on the gaps and flaws identified. On the other hand, it also points to an agenda of applied studies, devoted to investigating and understanding the challenges of the law implementation and its concrete results in the universe of state-owned companies
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    Fiscalização de contrato: um olhar sob a atuação dos fiscais de contratos de duas universidades federais mineiras
    (Fundação João Pinheiro, 2020-03-19) Pires, Adriane Margareth de Oliveira Santana; Oliveira, Kamila Pagel de; Oliveira, Kamila Pagel; Cruz, Marcus Vinícius Gonçalves da; Dufloth, Simone Cristina; Pinheiro, Daniel Calbino
    Outsourcing has been widely used in public organizations. For it to take effect, it is necessary to carry out the bidding process and, subsequently, sign the administrative contract. From then on, it is up to the institutions to designate the civil servants who will act as contract inspectors and monitor the contractual execution, valuing the fulfillment of the obligations and duties agreed in the contractual instruments. These civil servants must act efficiently and committed to guarantee the proper use of public resources. This research was planned considering the importance of inspecting outsourced contracts function with the main objective of understanding the dynamics of contract inspectors performance as well as the structure and the institutional support received to fulfill this function. A case study was carried out in two federal educational institutions, using documentary and field research, through the application of a questionnaire and interviews with contract inspectors. From data analysis the existing weaknesses of designation, training and qualification processes for contract inspectors were identified, also the most relevant demands to perform this function. It was possible to elucidate the greatest difficulties and challenges during the performance of the assignments. Additionally, the inspectors' perceptions of the organizational structure that accommodates the inspection became evident and the institutional support they receive during the contract monitoring. Therefore, it was evidenced the inspectors lack of continuous learning through training courses offering. It was also identified that some inspectors deal with difficulties due to task overload; lack of adequate time to exercise the function; constraints arising from the interaction with other sectors and no inspection support sector. The study reveals that institutions need to improve working conditions, offering inspectors better institutional support for conducting their activities. The contribution of this study to the two institutions surveyed was to highlight and equate similarities, difficulties, deficiencies and other issues mentioned by contract inspectors. A more specific and robust study was offered regarding the performance of these servers responsible for monitoring the execution of outsourced contracts. In addition, it can contribute as decision and administrative support for other public organizations, in light of the information collected. Regarding new studies, it is necessary to consider conducting research in other public organizations to verify whether the envisaged scenario regarding the performance of the inspectors of these two universities is recurrent.