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Item 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 FantiniIn 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 companiesItem Combate à corrupção e integridade pública: estudo das IFES de Minas Gerais(Fundação João Pinheiro, 2020-12-17) Oliveira, Jamile Camargos de; Cruz, Marcus Vinicius Gonçalves da; http://lattes.cnpq.br/3678172153181366; Cruz, Marcus Vinicius Gonçalves da; Souza, Letícia Godinho de; Silva, Suylan de Almeida Midledj e; Couto, Felipe FroesCorruption in Public Administration has been highlighted in recent years in Brazil, acquiring greater centrality due to the successive scandals unveiled in the country. The Federal Public Institutions of Higher Education (IFES) did not pass unscathed in this context, calling special attention to the fact that they are organizations aimed at promoting intellectual and citizen education. This dissertation analyzed how the organizational environment is configured to fight corruption in IFES. Qualitative, descriptive and explanatory research was carried out through a case study in all 17 IFES in Minas Gerais. For that, the characteristics related to corruption were verified in 49 Administrative Disciplinary Processes (PADs) initiated between 2015 and 2019 and 11 civil servants who participated in the establishment and / or conduction of these processes were interviewed, to investigate the dynamics of control corruption in those IFES in the light of public integrity. The research findings indicated that the main factors of the organizational environment related to public integrity that contribute to the fight against corruption in the IFES correspond to the channels for expressing complaints, the external control mechanisms and internal control, the instruments for promoting ethics and rules conduct, expansion of transparency and access to information. It was found that the IFES corporatism and structural bottlenecks correspond to the main obstacles of the organizational environment in the fight against corruption. From a theoretical point of view, the study contributed to the discussion of a topic that has been little investigated in the context of the IFES. From a practical point of view, it demonstrated the difficulties encountered by IFES in facing corruption due to structural deficiencies and notably lack of servers, as well as a correction unit. In social terms, it contributed to the identification of mechanisms that can be used to curb and prevent a phenomenon that causes serious damage to education. We suggest the development of future research aimed at verifying the institutionalization of public integrity measures in the IFES as a strategy to combat corruption.Item Advocacia-Geral da União: uma agência de accountability horizontal?(Fundação João Pinheiro, 2016-03-29) Soares, Pedro Vasques; Batitucci, Eduardo Cerqueira; http://lattes.cnpq.br/9562452176702956; Carneiro, Ricardo; Brasil, Flávia de Paula Duque; Ribeiro, Ludmila Mendoça LopesCorruption has conceptual richness, being a phenomenon of great social, historical and political impacts. Its reflexes can be felt on various spheres, billions of public money are wasted and it leads to serious risk to democracy. In Brazil, awareness of its existence has increased. The term corruption indicates the distortion of rules for the benefit of non-public interests and this is precisely what is not expected of a public official. Accountability is the ability to be accountable and take responsibility for the use of funds by the public officer. Comprehensiveness of the institute is wide, highlighting O'DONNELL’s analysis, in its horizontal perspective, reafirming the existence of state agencies which would have the right and the legal power, and would be actually willing and able to perform routine control actions up to imposing sanctions against other agents or state agencies. Here we sought to verify whether the Brazil’s Attorney Office (Advocacia-Geral da União – AGU) could be set as a horizontal accountability agency. AGU would be one of the control agencies within the structure of the Brazilian public administration after several reforms that took place in the 1990s. The brazilian public administration lacks agencies specialized in fighting corruption and seeking accountability in a public structured way, not subject to political influence, having interinstitutional coordination and technical freedom of action. AGU’s role as an essential to justice and the Brazilian State institution in accordance to Brazil’s Constitution of 1988 would be to represent more than the Government, but the State also, faced with the duty, as its assignment, of checking legality / lawfulness of State action. In orther to fully perform such role, the AGU should present two major basic functions: to advise, through an also consultative role, the Executive Branch and to represent judicially and extrajudicially all Powers of the Brazilian Republic, including the parquet. Thus, AGU would exercise a function of institutional control, whether as the advisory or as the legal representation, control of legality (monitoring, promoting and protecting) of the rights and duties foressen in the Brazilian Constitution, including the inherent obligations of public management and implementation of public policies. For the AGU to be set up as a designated horizontal accountability agency such as outlined by O'DONNELL, the assigning features, technical ability and willingness, as well as certain distance from the Executive Branch had to be checked. The AGU, as analyzed, has a constitutional model and an institutional role with features that allow it to be framed as a horizontal accountability agency, but not immune to failure, particularly concerning the required distance from the Executive Branch, or border defense.