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Agora exibindo 1 - 10 de 48
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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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    O processo de investigação de acidentes de trabalho para instauração de ações regressivas pela Advocacia-Geral da União: análise dos principais aspectos facilitadores e dificultadores
    (Fundação João Pinheiro, 2016-03-30) Armando, Aníbal César Resende Netto; Dufloth, Simone Cristina; http://lattes.cnpq.br/6166815079725368; Pinto, Luciana Moraes Raso Sardinha; http://lattes.cnpq.br/4519213255441318; Vasconcelos, Maria Celeste Reis Lobo; http://lattes.cnpq.br/3229877356519326
    The purpose of the study is to analyze the regressive actions related accidents in cases of granting social security benefits for workplace accidents in which the employer is to blame for the misfortune. In this context, this study was aimed to analyze the main factors that influence positively or negatively the process of investigation and analysis of accidents for the introduction of regressive actions by Attorney General of the Union, in the role of legal representative of the National Institute of Social Security. The methodology for the development of the present work involves bibliographical, documental and field research. It has information about the regressive actions, work accidents, social security, National Security Policy and Health at Work, as well as records related to workplace accidents, accident benefits, regressive actions and inspection activities, in addition to public workers’ perceptions about the analyzed issue. As a result, the positive influence factor was the preparation of the report produced by the Fiscal Auditors of Labor and as thenegative influence factor was the lack of conditions and structure of workplace supervision organs in Brazil.
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    O controle fiscal dos estados na federação brasileira: uma análise de indicadores fiscais após a Lei de Responsabilidade Fiscal (2002-2013)
    (Fundação João Pinheiro, 2015-03-20) Rezende, Aline Martins Ribeiro Tavares; Carneiro, Ricardo; http://lattes.cnpq.br/6739881018308220; Ferreira Júnior, Sílvio; Queiroz, Alexandre Bossi
    This thesis carried out a study regarding the fiscal control of the states in the Brazilian federation. Its broader objective was to examine the relationship between states and the Union in Brazil, more specifically the period from 1964 to 2000, which was initially marked by intense performance of state governments within the public sector and subsequently characterized by context of strong fiscal constraints of subnational entities, reaching its peak with the approval of the Fiscal Responsibility Law (LRF) in the year 2000. The research was based on the analysis of various fiscal indicators on parameters set by the LRF, which adopted several expenditure limits for all federative levels and also established procedural guidelines on the processing of certain costs. Thus, we investigated the states' behavior during the period 2002-2013, using fiscal indicators of revenue, expenditure and public debt. The data examination showed that States had different behaviors, although as a whole, all trajectories tended to the compliance with the LRF indicators. It was also found that the new federal contours made in recent years in favor of broader action of States are directed to the new possibilities of contracting credit operations, which have taken advantage of the loosening of some of LRF's limits, and a relative change in the composition of state debt. The probable change in the state's performance profile, from expenses being supported exclusively by current revenues, to capital revenues that make up a significant portion of the funding, it turns once more to the state's rising indebtedness. This framework reinforces the characteristics of the federative model, considering its conflicting nature, especially in the relationship between states and Union, will always point to the renegotiation of the federal pact, institutionalizing these negotiations and enhancing its permanently covenant character.
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    As reformas previdenciárias no Brasil e no Chile e seus impactos sobre os benefícios de aposentadoria do regime geral: uma contribuição à análise comparativa
    (Fundação João Pinheiro, 2009-06-24) Gomes, Jane Pinto; Ferreira, Frederico Poley Martins; http://lattes.cnpq.br/1448397981510363; Guimarães, Alexandre Queiroz; http://lattes.cnpq.br/8850956320615888; Cardoso, Alexandre Antônio; http://lattes.cnpq.br/0177966271010029
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    Trajetórias venezuelanas: o processo de integração em Belo Horizonte
    (Fundação João Pinheiro, 2020-03-31) Miranda, Uiara Lopes; Ladeira, Carla Bronzo; Ladeira, Carla Bronzo; Batitucci, Eduardo Cerqueira; Leão, Augusto Veloso; Jarochinski, João Carlos
    In recent years, the theme of forced migration and refuge has been reaching Brazil with greater intensity. The experience with the reception of Haitians, Syrians and, more recently, Venezuelans, has put pressure on brazilian institutions to respond quickly and in line with internal rules. With the migratory flow of Venezuelans, Brazil sought to institutionalize a response through “Acolhida Operation” or “Operation Welcome”, a federal government task force involving multiple actors, with a focus on emergency reception, shelter and interiorization (voluntary displacement to other brazilian states) of Venezuelans. Interiorization, which is taking center stage in “Acolhida Operation”, has delegated the task of protecting and welcoming Venezuelans to the cities, which also face their own challenges. In this research, we sought to carry out a qualitative analysis of the phenomenon of local integration of immigrants and refugees, through semi-structured interviews with Venezuelans living in Belo Horizonte, and also with actors who participated in the process. The analyzes of the collected reports were carried out based on structural, civil and socio-cultural aspects, dimensions captured in the literature that addresses the theme. It also sought to understand how policies and regulations developed globally and locally, for the protection of immigrants and refugees; and to show the responses to welcome, protect and integrate displaced persons in their host communities. With this, it is expected to contribute to the study of the theme in the Brazil, bringing subsidies for the development of public policies and for the clarification of the theme, to understand the Brazilian society itself, which also changes with the people who arrive. Brazil has a long historical path, in terms of migratory, discriminatory and protectionist policies, and this is reflected in an institutional lack of preparation to deal with the issue of migration. Institutional spaces are scarce and there are no adequate public policies that make possible some aspects of the local integration of immigrants and refugees, this role being then delegated to other institutions - such as religious and humanitarian aid. People or groups with limited rights and opportunities can integrate in different ways, which can lead to disadvantages and marginalization. Venezuelan displacement presents itself as a historic opportunity to expand the range of knowledge about Refuge in Brazil, presenting opportunities for future studies not covered in this research, such as the indigenous Refuge, the political dimension of the integration process and the articulation of federated and local entities that are still recent and need further study.
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    Efeitos do marco regulatório do setor portuário instituído pela Lei n° 12.815 na atração de investimentos para a construção de instalações portuárias privadas
    (Fundação João Pinheiro, 2023) Glória, Igor Ribeiro da; Barbosa, Lúcio Otávio; http://lattes.cnpq.br/0763986687709752; Barbosa, Lúcio Otávio Seixas; Guimarães, Alexandre Queiroz; Rocha, Carlos Henrique Marques
    The port infrastructure exploration sector is a market in which the state participates, providing the structure, making direct investments or exercising the regulation of activities carried out by private agents. In Brazil, until the enactment of Law No. 12.815, of 2013, the commercial exploitation of a port facility was authorized only to be carried out within the limits of public ports. However, since then, private agents has been allowed to build ports to mainly exploit it commercially, offering port services to anyone interested in moving cargo. This ammendent in the legislation aimed to attract private investment to the sector, thus contributing to reduce the existing port infrastructure deficit in the country. The present work evaluated the private investments carried out during the period from 2013 to 2022 in private port facilities, authorized by the public sector to expand or to be built after the new regulatory framework. We retrieve data from Antaq's administrative processes authorizing ng investment in port terminals, as well as information contained in reports from the regulatory agency and data published by the National Treasury. The results indicated that the authorized port facilities that were expanded or built were located especially in places where barriers to entry were lower, such as on the banks of inland waterways or, in the case of maritime facilities, where there was already the infrastructure to waterway access managed by some agent, such as the Port Authorities of organized ports. It was also verified that the authorized companies to construct port terminals with investments in excess of R$1 billion, updated to September/2021, have had difficulties in getting these projects off the ground, which could affect the sectoral planning of such infrastructure sector.
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    Governo aberto: métricas para análise da aderência dos estados brasileiros aos princípios da Open Government Partnership
    (Fundação João Pinheiro, 2019-11-26) Peixoto, Julianne Fonseca; Dufloth, Simone Cristina; http://lattes.cnpq.br/6166815079725368; Rocha, Elisa Maria Pinto da; Vasconselos, Maria Celeste Reis Lobo de
    The Open Government Partnership - OGP is an international forum for dialogue and exchange of experience among governments, civil society organizations and the private sector on establishing accountable, transparent and the government at citizens' service. The expected benefits of openness are greater efficiency, integrity and legitimacy towards citizens. The OGP defines transparency, accountability, participation and technology as fundamental principles of open government, that is, as necessary conditions for their achievement. Thus, this research aims to analyze the adherence of Brazilian states to these principles. To this end, a composite indicator, the State Open Government Index, was elaborated, which brings together indicators related to each of these principles in a synthesis measure. In order to support the construction of the Index, a broad bibliographic and documentary review of the themes open government, transparency, accountability, participation, technology and evaluation metrics of governmental openness was carried out. Then the indicators were selected, standardized and agglutinated. As a result, it was found that none of the Brazilian states has “high adherence” to the principles of open government. On a scale from 0 to 1, the best result, 0.7212, was obtained by the Federal District and the worst, 0.3997, by Roraima. Thus, it is concluded that greater efforts are needed for the governmental opening of these entities, in order to obtain the expected benefits.
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    A alocação de recursos dos regimes próprios de previdência social segundo a diversificação eficiente: um estudo de caso de três Estados Brasileiros
    (Fundação João Pinheiro, 2009-05-07) Givisiez, Lucas José Villas Boas; Ferreira, Afonso Henriques Borges; http://lattes.cnpq.br/9418155405635376; Nogueira Júnior, Reginaldo Pinto; http://lattes.cnpq.br/3152774581663130; Pinheiro, Juliano Lima; http://lattes.cnpq.br/1502532753574854
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    Entre o texto e o contexto: institucionalização dos programas de integridade no Brasil
    (Fundação João Pinheiro, 2019-12-09) Viol, Dalila Martins; Cruz, Marcus Vinícius Gonçalves da; Meirelles, Anthero de Moraes; Nogueira, Roberto Henrique Pôrto
    Corruption is a multifaceted phenomenon, with worldwide incidence, the effects of which mobilize strategies for its control and prevention. This paper has as its theme integrity programs, which are considered by entities, such as the Organization for Economic Cooperation and Development (OECD), as the most effective contemporary way of confronting corruption. Contemporarily, in Brazil, they have multiplied both in private and public organizations, the former being better known as compliance programs. The general objective of this dissertation is to analyze the institutionalization of integrity programs in Brazil. From a theoretical point of view, this particular research is justified as the theme is recent, as it is an object of conceptual conflicts and there are gaps in the academic production related to it. From a social point of view, the adoption and implementation of an integrity program requires investment of multiple resources by an organization, which has even created a market for integrity programs. In addition to public resources being invested, the Public Administration has been adopting integrity programs and promoting their adoption through private organizations, especially via legislation. By the same token, the discussion of the topic is extremely relevant due to the gravity and complexity of the problem that it proposes to face: corruption. The theoretical foundations used in this dissertation are based on the ideas of the new institutionalism. In the analysis of the phenomenon of the institutionalization of integrity programs, we chose, based on the case studies, the prisms of Tolbert and Zucker (1999), Peci (2016) and Scott (2014) together with DiMaggio and Powell (2005). As a background, the anti-corruption regulatory scenario was recaptured, as well as the prospects for corruption: the Weberian; the one related to the theory of public choice and the republican one. Methodologically, qualitative research was selected, through case studies, analyzing the integrity programs in six organizations of national relevance, members of the private sphere and of the direct and indirect Public Administration. Literature review, survey of legislation and secondary sources were conducted. The techniques used to collect data and evidence were: (i) documentary survey; (ii) perception of specialists obtained by participating in 16 events related to the theme of integrity; (iii) indepth interviews with four qualified informants; and (iv) study of six cases through 14 semistructured interviews, which were interpreted by the content analysis method. The survey's findings reveal that integrity programs are embedded in the republican perspective of corruption. The processes inherent to institutionalization described by Tolbert and Zucker (1999) indicate that four organizations surveyed are in the habitualization stage, while two others are in objectification and none in sedimentation of their integrity program. Similar analysis based on the steps of the integrity program allows us to state that none of them has an internalized culture of integrity. According to Peci (2006), what influenced the institutionalization of integrity programs in the institutional context were the market dynamics, the legislation and the effects of Operation Car Wash. In the organizational field, there was an influence of the organizational network, which, depending on the case, involved suppliers, shareholders, customers, holding, regulatory agencies, as well as public entities celebrating leniency agreements and Federal police. The internal structure of the organizations surveyed influenced the integrity programs as a result of several characteristics such as the size of the organization, the predominant professional group, founders' tutelage, characteristics of the staff and power disputes. The institutionalization process, from Scott's perspective (2014), reflects upon the influences of acceptance and reproduction of norms and values. The influence of legislation was verified in the regulatory pillars, notably in Law no. 12,846 / 2013 and the organizations' internal Code of Conduct; in the normative pillar, prominent incentives for the internalization of integrity programs were noticed through multiple strategies; and in the cognitive-cultural pillar, mimetic isomorphism was found, generally in the statements of exaltation of integrity and ethical conduct, arising from internal pressures in favor of an anticorruption discourse. Once, in this dissertation, integrity programs are analyzed based on the anti-corruption purpose, it is concluded that for these programs to achieve positive results in relation to their goal, it is necessary that the initial stages of the institutionalization process overcome the implementation of mechanisms and instruments connected with the cultural realignment of the organization, which promote the assimilation of the values and practices formalized in the documents by all members of the organization, so that they are applied to daily activities. The study collaborates with the technical and purposeful discussion related to corruption in the country through the analysis of integrity programs, providing as a practical implication on the reflection of the need for organizations to strengthen practices for the institutionalization of integrity programs in the sense of their sedimentation. In academic terms, the originality of the research is revealed in the discussion of a not much pursued studied topic and in the use of relevant theoretical and methodological tools. In social terms, the analysis of the phenomenon of corruption reinforces the urgency of the dissemination of mechanisms and instruments for prevention and containment, in line with the contemporary premises acclaimed by Brazilian society. Ultimately, it is suggested that further studies continue to analyze the institutionalization of integrity programs in order to verify their evolution and dissemination, as well as conduct research that verifies their effectiveness in relation to corruption.
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    A atuação da burocracia de médio escalão na resposta à pandemia de Covid-19: um estudo de caso sobre a estratégia de ampliação dos leitos hospitalares do SUS/MG
    (Fundação João Pinheiro, 2023-03-29) Vale, Larissa Meneghini; Souza, Letícia Godinho de; http://lattes.cnpq.br/4333929511296586; Souza, Letícia Godinho; Cruz, Marcus Vinícius Gonçalves; Menicucci, Telma Maria Gonçalves
    The central theme of the work is the middle-level bureaucracy, focusing on its performance in network governance in a crisis management scenario. The objective was to analyze the performance of the middle-ranking bureaucrat of the State Department of Health of Minas Gerais (SES-MG) in the expansion of hospital beds of the Unified Health System (SUS-MG), in response to the COVID-19 pandemic. The theoretical references addressed in the study are the literature of the middle-level bureaucracy - considering its role, influence, and relational dimension of analysis of its performance -, as well as the literature on governance in networks- raising general concepts on the theme to introduce the subject of SUS governance-, and lastly the literature of crisis management, to understand the impacts of crisis management in the case proposed for study. The methodology is based on a case study that uses surveys, analysis of quantitative and documentary data, and conducting interviews. The results point to significant transformations in the governance structure and functioning of SES-MG, carried out by middle-ranking bureaucrats during the crisis situation. It also points to its relational role, emphasizing above all the strengthening of bonds, approximation, and intense articulation with internal and external actors for the formulation and implementation of the strategy for expanding beds. This revealed a way of acting as facilitators of connections in a complex network of managers in a crisis scenario. This action changes the traditional slowness and typical reactivity of Public Administration. Finally, attention was drawn to the unseen professionals who compose this segment of the bureaucracy.