Gestão Pública - Mestrado Profissional

URI Permanente desta comunidade

http://repositorio.ufes.br/handle/10/17552

Programa de Pós-Graduação em Gestão Pública

Centro: CCJE
Telefone: (27) 3145 5370
URL do programa: https://gestaopublica.ufes.br/pt-br/pos-graduacao/PPGGP

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A atuação do IFES no interior do Espírito Santo : uma análise comparativa com base no ENEM
(Universidade Federal do Espírito Santo, 2017-11-17) Peçanha, Lúcio Marques; Rosa Filho, Duarte de Souza; https://orcid.org/0000000163529399; Caprini, Aldieris Braz Amorim; Ferreira, Dirce Nazaré de Andrade
This study aims to point out the importance of the expansion of the Rede Federal to the interior of the state of Espirito Santo, in terms of educational development of students from cities away from Greater Vitoria, based on an analysis of the performance of four Campuses of the Federal Institute of Espirito Santo - Aracruz, Cachoeiro de Itapemirim, Nova Venecia and Piuma - in the Brazilian National High School Examination (ENEM), in the years 2014 and 2015. The ENEM was the metric adopted for analysis because other comparative analysis tools such as the Human Development Index (HDI) and the Economic Well-Being Index (IEWB), which could be used to support an analysis of this nature, do not have annual updates in Brazil, the first being based on the Census developed by Brazilian Institute of Geography and Statistics (IBGE) and the second a tool developed in Canada and that, although its application was defended as a substitute for the use of GDP (Gross Domestic Product) as a measure of Wealth of a country, does not have wide acceptance like the last. The aim of this study was to verify how the IFES Campi perform in the ENEM in comparison with the other educational institutions of their respective municipalities, besides comparing the performance of the Campi with the public schools of their municipality and between themselves. The proposed methodology is an exploratory study, with a qualitative and quantitative approach of a descriptive nature. The data collected from primary source will be through interviews with managers of the Campi researched, and the secondary data from documental and bibliographic research. The results obtained from secondary sources showed that there was a decrease in the performance of all Campi in the year 2015, when there was also budgetary contingency in the units, which indicates a correlation between performance and investments made. The analysis of the data aims on the Gibbs approach, which proposes the categorization of the data from a comparative analysis, in which the content of the interviews generates tables of information to demonstrate the vision of the speakers about the Federal Institute of Education
A cultura do desperdício em uma instituição pública de ensino superior
(Universidade Federal do Espírito Santo, 2018-11-30) Afonso, Leandro Zucolotto; Olivier, Marilene; Lima, Eliane de Fátima Almeida; Silveira, Rogério Zanon
Public institutions are characterized, among other things, by the rules that determine the obtaining, release and ways of allocating resources for their operation. The rigidity of its procedures and control by the Brazilian Court of Audit is notorious. However, this bureaucracy is not a guarantee of the optimization of the use of these resources, which can be seen through the various wastes that are observed, even for those who are there in passing. Goal: Thus, this research had as general objective to understand the cultural elements that can be related to the wastes at the Federal University of Espírito Santo (Ufes). Approach and type of research: It is a mixed approach (qualitative and quantitative), and the research was characterized as descriptive and bibliographical. Instrument and data collection: Data collection was performed in two moments. In the first one, a questionnaire was used to identify the perception of the Technical-Administrative in Education (TAEs) about the cultural artifacts, using the online tool "Enquete Ufes". In a second moment, these cultural artifacts were analyzed by three groups of TAEs through an interactive and reflective interview, recorded during which they discussed and presented their arguments about the values and assumptions behind these wastes. Data analysis: It was based on the concept of organizational culture proposed by Schein (2009), who guided the field for the collection of data in relation to cultural artifacts, the values that permeate the institutional discourse and its basic assumptions. The data collected were subject to content analysis. Main results and conclusions: In all, 22 basic assumptions were identified that encourage waste in this institution of higher education, distributed among the categories: foreign policy; shopping; behavior; and management.
A eficiência do pregão eletrônico no processo licitatório da Universidade Federal do Espírito Santo
(Universidade Federal do Espírito Santo, 2014-07-25) Silva, Daniella Maria Paraiso Aguiar; Berger, Dora; Ferreira, Dirce Nazaré de Andrade; Shitsuka, Ricardo
A equalização fiscal na distribuição da cota-parte do ICMS no Estado do Espírito Santo
(Universidade Federal do Espírito Santo, 2015-12-17) Rezende Filho, Sérgio Fassbender de; Almeida, José Elias Feres de; https://orcid.org/0000000189304657; Carneiro, Teresa Cristina Janes; Giuberti, Ana Carolina
Against a backdrop of fiscal decentralization observed in Brazil in recent decades, and economic disparity partner with municipalities with different capacities of selffinancing, as well as different demands for public services, it is urgent to investigate the effects of the main intergovernmental transfer feature, the quotations the ICMS on revenue allocation among subnational entities. For this purpose the present study aimed to analyze the transfer of quota-part of the ICMS in the State of Espírito Santo, and imposing and unattended parcels that compose it, from the point of view of fiscal equalization. Information available has been used in the last IBGE census in 2010, and the amount passed on due to the quota share of the same year ICMS and identified indicators that represent the demand for public goods and services (fiscal necessity) and capacity for storage own taxes (fiscal capacity). The analysis we used multivariate linear regression to investigate the relationship of the quota share of the ICMS, and the plots that compose it, with the variables that characterize indicators of need / fiscal capacity of municipalities. The result shows that the portion of the quotaimposing the ICMS acts in the opposite direction the idea of equalization, benefiting from more resources the municipalities that have greater capacity to finance itself. On the other hand, the autonomous portion promotes a flow of resources to those municipalities that have less capacity to finance itself by own revenues and also received fewer resources of the tax share of the quota share of the ICMS. However, the weight that imposing portion of the quota share of the ICMS has the total transfer of quota share of VAF and the absence of criteria aimed at promoting fiscal equalization in the distribution of that revenue prevent municipalities that have the greatest need and lower fiscal capacity can be met by this intergovernment transfer
A evasão discente no contexto da reestruturação universitária : o caso dos cursos de Administração e Ciências Contábeis da Universidade Federal do Espírito Santo
(Universidade Federal do Espírito Santo, 2014-07-28) Alencar, Liliana de Mello Braz; Brasil, Gutemberg Hespanha; Zaganelli, Margareth Vetis; Corassa, Maria Auxiliadora de Carvalho; Camargo, Maria Emília
The purpose of this research was to identify the reasons that influence student dropout in four graduate courses of the Federal University of Espírito Santo, Brazil. The reform on universities proposed by the REUNI - the federal program created to support expansion plans of federal universities, acted as the context for this study, as established law guidelines for combating dropout in higher education. The sociological model of dropout studies proposed by Tinto (1997) held the analysis performed in this study because it takes the institution as the responsible for actions and policies that create the learning environment needed for student success. The research had qualitative and quantitative character and was carried out with dropout students and the coordinators of courses in Business Administration and Accounting Science, the old and the new courses created by REUNI program. To reach the aim, 95 dropout students and all the four coordinators were interviewed. Data academic system (SIE/ UFES) were used as well to survey the variables of influence. The numbers provide a basis for believing that the learning outcomes resulting from the academic performance of the student becomes a strong cause of dropout in the one abandonment type. The low coefficient of performance was related to dropout by abandonment in most cases. Regarding forms of dropout, formal departure and dropout by abandonment found out 87.4% of cases, with a higher incidence of dropout in the second and third course year. The critical point of dropout seems to be confirmed from the 2nd to 5th semester and, on this time lapse, 62% of cases had low performance coefficient, yield from 0.00 to 3.00. The results showed the reasons that most influenced the students to leave the course: i) the need to work while attending the course, ii) the discovery of new interests; iii) the incompatibility between work and course timetable; iv) the choice of professional career still younger and v) the lack of guidance to students about standards, penalties, course planning, periodization, etc., meaning failing in institutional communication.
A evasão escolar no ensino técnico profissionalizante : um estudo de caso no campus Cariacica do Instituto Federal do Espírito Santo
(Universidade Federal do Espírito Santo, 2015-07-14) Meira, Cristiane Araújo; Ferreira, Dirce Nazaré de Andrade; Souza, Neusa Balbina de; Santos, Glicia Vieira dos
This paper deals with the school evasion characterized by student’s leaving school of his course of origin, at any stage, without completing it. It also tried to analyze and understand this phenomenon in the classes of the Technical Course in entering Railways Course between 2006 and 2014, in the high school concurrent mode, offered by Campus Cariacica at the Federal Institute of Espírito Santo. This study was justified by the relevance of the theme that is present in all forms of education and it worries many professionals in education due to the consequences it brings for the whole society. In spite of this, few researches turn to the area of professional technical education. The objective was to verify the amount of dropout students and the reasons that led to this decision and identify the characterizations that let the propellant context of abandonment happens in order to understand their occurrence and reflect on compelling alternative to solve the problem. The studies were based on bibliography, documentary and field research. These procedures for data collection consisted of documentary analysis of the transcripts of students and semistructured interviews with a sample of dropout students, which allowed the quantitative and qualitative analysis of information. The presentation of quantitative data statistically systematized alerted us to this high dropout rate in all classes offered, with percentages of evasion ranging from 23.44% to 62.85%.On the other hand, the qualitative analysis found the existence of internal and external factors to the institution as motivators of school evasion, influenced by a set of related situations both to the student and to the school. According to these results, it’s possible to point out the need for broadening and deepening the discussion on the subject in order to have a greater clarification and a visibility of the problem aiming to guide transformative actions to be implemented in each school reality identified from the awareness and commitment of all those involved
A execução dos Convênios de Fundo de Infraestrutura (CT- INFRA) celebrados entre a Financiadora de Estudos e Projetos (FINEP) e a Universidade Federal do Espírito Santo (UFES) sob a ótica da eficácia
(Universidade Federal do Espírito Santo, 2016-12-14) Souza, Juliano Azevedo de; Berger, Dora; Carneiro, Teresa Cristina Janes; Shitsuka, Ricardo
The present work deals with the execution of the Infrastructure Fund Agreements (CT-INFRAs) concluded between the Studies and Projects Funder (FINEP) and the Federal University of Espírito Santo (UFES) in the period of 2004-2010 from the perspective of efficacy. The central question is to verify if the institutions are able to execute the CT-INFRAs within the agreed period of time with the FINEP. The study was conducted at the UFES. The starting point was to question the FINEP, via information portal, data from all the institutions that participated in the agreements in the referred period. Such data were related to the term of execution of the agreement, time destined to release the second installment and percentage spent of the total value. When comparing the data, it was concluded that rarely can an institution execute the agreements within the agreed three-year time frame. In addition, questionnaires were applied to project coordinators, the FINEP, the University City Hall (PU) and the Espírito Santense Foundation of Technology (FEST), to verify the execution of the agreements, relative to the UFES. In parallel, a focus group was applied, together with the PU and the FEST to build the Current Reality Tree (ARA), with the objective of finding the root causes for poor performance of agreements. The results obtained through the analysis point to the need for improvement in planning, relative to the management of the agreements. The Script Lattes tool was also used to investigate the production of articles from each scientific team of the CT-INFRAs. When relating the scientific production of each team with the articles produced by the UFES, it was concluded that the CT-INFRAs can significantly impact production of articles and contribute to the improvement of postgraduate programs. Lastly, a proposal for improvement was presented with the intent that the agreements could be managed more effectively
A expansão da rede federal de educação, profissional, científica e tecnológica: uma análise do Estado do Espírito Santo
(Universidade Federal do Espírito Santo, 2016-06-30) Freitas,Thiago Monteiro de; Cavalari Junior, Octavio; Moura, Márcia Cristina de Oliveira; Carneiro, Teresa Cristina Janes; Rosetti Júnior, Helio
In the past years the Federal Network of Professional, Scientific and Technological Education (EPCT) has been going through the biggest expansion of its history,stressing the professional education role in the personal development and in the citizenship’s formation. This growth must be monitored continuously so the provided services follow economy,efficiency and effectviness standards. A quality measurement manner of institutions is the use of performance indicators, they are management tools that ease the administration transparency collaborating with the supervision by society at large. This is the reflection of an intense transformation that has been modernizing the public segment. Due to this situation, this paper has conducted a quantitative-descriptive research with the objective of evaluate the Instituto Federal do Espírito Santo (IFES) performance level from the indicators perception established by Tribunal de Contas da União (TCU). The results pointed out that there is a difficulty in the campi’s quality evaluation through the performance indicators. This conclusion is due to the fact that the certain tools by TCU don’t allow performance full definition of Federal Institutes since they are formed by high aggregation of heterogeneous data and those institutions have considerable profiles and specificity diversity. In general, it was intended with this research to contribute with the IFES managers and with the expansion politic for subsequent periods
A gestão da capacitação baseada na gestão por competência : um estudo da viabilidade de implantação do sistema de capacitação do governo federal na UFES
(Universidade Federal do Espírito Santo, 2014-11-28) Cunha, Cristianne Pereira; Oliveira, Marilene Olivier Ferreira de; Casate, Maria Lucia; Carneiro, Teresa Cristina Janes; Campos, Adriana Fiorotti
The Business Administration since its beginning has developed several management models in order to achieve efficiency. Capacitate, train and develop staff was something essential in most models to achieve desired outcomes. The Brazilian government that for several years looks for a quality and professional public service, published the Decree No. 5.707/2006 that regulates the development of public administration staff. This decree establishes that the Brazilian’s servers development should follow the model of Competency Management. This review verifies, the possibility of implementing this new management model to provide a training program for the Universidade Federal do Espírito Santo (UFES) servers, preparing a project proposal. In this sense takes place a revision of training, skill development, skills and competency management concept. Through its constructs raises the feasibility of implementing a training program that interrelate job requirements, servers skills and the content of training programs its courses offered by the Personnel Development Department at UFES .
A influência das lógicas institucionais nos resultados do Programa Minha Casa Minha Vida (PMCMV) enquanto ambiente complexo
(Universidade Federal do Espírito Santo, 2017-07-28) Toresani, Rogério; Pascuci, Lucilaine Maria; Dias, Taciana de Lemos; Amaro, Rubens de Araújo; Crubellate, João Marcelo
Public policies occur in pluralistic environments because the implementation of initiatives depends on different actors with interests and objectives, sometimes conflicting. Such differences are motivated by the fact that the parties act according to their own or shared institutional logic. In this sense, the conflict between institutional logics enhances an institutional complexity, which can be divided into organizational complexity and environmental complexity. The implications of institutional complexity, among them, the sharing of power by stakeholders in public policy make its effective implementation a challenge to government managers. Based on this context, it is examined how the institutional complexity, based on the institutional logics of each actor involved, influences the effectiveness of a brazilian public housing policy. The focus is on public housing policy named Programa Minha Casa Minha Vida (PMCMV). It is a qualitative and descriptive research characterized by a multiple case study. Data were collected from interviews, participant observation and documents. The findings highlight the preponderance of seven institutional logics: 1) state as provider of housing, 2) political-governmental, 3) quality of the ventures, 4) banking-commercial, 5) best financial return, 6) social right, e 7) greatest efficiency between expenditure and political image. Conclusions have demonstrated the need for additional mechanisms to keep actors tied to the common objectives of the public policy in question. On the other hand, it was verified that the performance of these actors is directly related to their private interests, which translates into worse housing and living conditions for the beneficiary families, with negative impacts on PMCMV results. Finally, improvement actions are suggested, based on the results identified.
A influência do mestrado profissional em gestão pública na vida profissional, pessoal e acadêmica do egresso
(Universidade Federal do Espírito Santo, 2016-11-18) Silva, Kateline Rosa Gomes da; Dias, Taciana de Lemos; Pascuci, Lucilaine Maria; Meyer Junior, Victor; Corassa, Maria Auxiliadora de Carvalho
A insuficiência da perspectiva tradicional do risco para o equilíbrio do contrato administrativo nos casos de variação cambial a partir da análise dos contratos do Estado do Espírito Santo : por uma perspectiva de alocação de riscos
(Universidade Federal do Espírito Santo, 2018-11-21) Souza, Arthur Moura de; Pedra, Anderson Sant’Ana; Madureira, Claudio Penedo; Pedra, Adriano Sant’Ana
The State, in its mission, is obligated to celebrate contracts with private companies in order to provide goods and services that it can`t provide by itself, when it’s necessary guarantee the economic-financial equation of these relations. This guarantee, constitutionally foreseen, therefore, has been analyzed by the Traditional Perspective of Aleas or Risks. For this view, the economic-financial balance of contracts should always be assessed according to the dichotomy between predictable and unpredictable events (or risks). However, with the development of the market and the maturing of public contracts, the difficulty of assessing in practice began to be questioned among the most diverse types of measures or risks, whether they would be predictable, and therefore ordinary, or unforeseeable, and so extraordinary. This issue has been raising questions and insecurities, especially regarding the exchange variation in public contracts linked to foreign currencies. So, with this discussion in question I intend to evaluate if the application of Risk Allocation Perspective can help solve this dilemma. With this objective, data was collected regarding the contracts carried out by the Public Administration of Espírito Santo, submitted to the PGE-ES between 2012 and 2016 that had contracts related to the foreign market.
A Interatividade no Facebook enquanto fonte de informação estratégica para a comunicação dos processos seletivos do Ifes
(Universidade Federal do Espírito Santo, 2019-06-25) Valadão, Gabriel Aguiar; Souza, Rose Mara Vidal de; Nishiyama, Alexandra Fante; Setubal, Flavia Meneguelli Ribeiro
Given the emergence of new forms of communication brought about by the Internet, it is up to organizations to adapt their media to the multiple and dialogical context of cyberspace. This work, therefore, aimed at raising the main doubts about the selection processes for technical courses of Instituto Federal do Espírito Santo (Ifes) from the Facebook page of the Institute, in order to provide informational subsidies to improve the communication procedures of the events. With a qualitative-quantitative approach, the research, of the descriptive type, carried out a content analysis of the messages received by the Institute in the referred social media. A total of 248 messages were investigated, covering the period from July 2017 to June 2018, which contained doubts about the stages and rules of the selection processes. It was possible to list the main questions of the candidates, in addition to outlining the profiles of this public in relation to the geographical distribution, age and gender. Thus, the study was able to culminate in its technical product, the manual “Divulgação dos processos seletivos para cursos técnicos: guia prático” (Disclosure of selective processes for technical courses: practical guide), which aims to guide the employees of the communication area of Ifes regarding the advertising of the events on Facebook. Through customized content, resulting from the direct relationship with its followers, the institution is able, proactively, to facilitate the understanding of the notices and to make more favorable the participation of the enrolled ones.
A linguagem visual do livro didático de educação a distância
(Universidade Federal do Espírito Santo, 2018-02-22) Pacheco, Leonardo Paiva de Almeida; Setubal, Flávia Meneguelli Ribeiro; https://orcid.org/0000000244411106; Rebouças, Moema Lúcia Martins; Oliveira, Marilene Olivier Ferreira de
The objective of this research was to analyze the visual language applied to didactic books aimed at distance education (EAD) with the purpose of guiding Public Education Institutions (IPE) regarding the preparation and choice of the book that is visually more appropriate. In order to achieve this, a documentary research was carried out, whose cut was the first years books (because they were the first contact of the student with the visual language used in this material) of the graduation course in Visual Arts EAD of the Federal University of Espírito Santo (Ufes ). The choice for the distance modality course was because in that modality the book can interfere in the teaching-learning process in a more incisive way than in face-to-face teaching. The research had as theoretical framework authors of graphic design that are based on Gestalt Theory, as Donis A. Dondis (2007) and Professor João Gomes Filho (2008). The methodology was an adaptation of John C. Flanagam's "Critical Incident Technique" (1954) associated with the "visual form reading system" of Gomes Filho (2008). The visual compositions were analyzed in order to identify the characteristics that favor and those that compromise the visual communication of the didactic book: clarity, emphasis, contrast and repetition were the most relevant visual techniques and those that gave the highest “índice de pregnância” to the compositions. The major compositional problems encountered were lack of alignment of the elements, poor use of compositional space and visual pollution due to excessive emphasis. The work is included in the field of research Operations Management in the Public Sector of the Master in Public Management because of the investment of public resources destined to the production of didactic book
A percepção dos estudantes sobre a formação na universidade : uma análise por meio do questionário do estudante do ENADE
(Universidade Federal do Espírito Santo, 2018-03-02) Merlo, Tatiane; Manso, Márcia Helena Siervi; https://orcid.org/0000000292936767; Pozo, Osmar Vicente Chevez; Morila, Ailton Pereira
The present research consists of a study of the evaluation of higher education, made by the students, with a focus on the the National Exam of Students’ Performance (ENADE). In order to ascertain the students’ satisfaction regarding matters related to the course and the Institution, the National Institute of Studies and Educational Researches Anísio Teixeira (INEP) makes use of the ENADE’s Student Questionnaire, one of the tools of the National System for the Evaluation of Higher Education (SINAES). Bearing this in mind, the guiding questions for this research are: What is the students’ perception of the formation in the Institution? Do the coordinators utilize these data I order to propose actions to be taken in the management of the courses? In order to answer these questions, two sources of data were considered: answers to the Student Questionnaire given by the students graduating in 2014 from the North University Center of Espírito Santo (CEUNES); and interview made with the coordinators of these courses in order to get to know their actions regarding the information generated by the Questionnaire. The research is characterized as being descriptive with a quantitative-qualitative approach and, regarding data collection, it is a Case Study and Bibliographical Research. The results demonstrate that the graduates of the CEUNES’ courses that were investigated are satisfied with the contribution of their course in their academic, professional and personal formation. The only exception is the Physics course, which presented fragility in almost every matter analyzed. The results also indicate that all the coordinators interviewed acknowledge the importance of the evaluation of higher education made by the students, however, most of them never made use of these data information in order to develop improvements. Accordingly, it can be inferred that the Institution does not standardize the usage of these data, since each coordination uses them (or not), according to their own interest. Therefore, it is suggested to the studied Institution the implementation of a seminar on the importance of the Student Questionnaire’s data. The delivering of this seminar will allow the academic community having direct contact with the University’s Internal Evaluation Commission (CPA) for query solution, since one of the coordinators’ complaints is due to the lack of support from this Commission in the evaluation processes. It is also intended, through this seminar, to organize work groups to initiate the discussion on the evaluations, as well as reflecting on actions that can be taken in the Institution, being one of them the possibility to develop a poll with the students in order to ascertain the reasons that generate dissatisfaction. For sure, the Institution will be able to gather information so as to subsidize actions that will cooperate towards the improvement of the courses’ quality and, as a result, the student satisfaction
A perícia de incêndio no processo de melhoria contínua do sistema de segurança contra incêndio
(Universidade Federal do Espírito Santo, 2019-05-02) Lugon, André Pimentel; Coelho Junior, Thalmo de Paiva; Lunardi, Edson; Zanquetto Filho, Hélio; Cerqueira, Alexandre dos Santos; Dias, Taciana de Lemos
In the face of the national economic crisis, public services are increasingly in need of quality. For this, their processes must be efficient and constantly improved in order to meet the demands of society. In Espírito Santo, constitutionally, the Military Fire Corps is responsible for the actions of Fire Safety (SCI), with the competence to create norms of prevention, to supervise its execution, to attend emergencies involving fires, as well as to investigate them or periciate them. Through the fire investigation activity is possible to understand the phenomena related to the fire and to detect the inconsistencies in the processes related to SCI and to correct them, promoting their improvement. It is observed that over the years the fire investigation of the Military Fire Corps has disconnected from the objective of providing the managers of these corporations with information that provides actions for the continuous improvement of the systems related to SCI, prioritizing, due to structural and circumstantial issues, judicial and civil lawsuits. The achievement of a good fire investigation, without commitment to the processes related to SCI, is not enough to contribute to the continuous improvement of this system. The present research is a dissertation of the Master Course in Public Management, whose subject is the fire investigation in the process of continuous improvement of the fire safety system. The objective of the work was to propose actions for the improvement of the structure and processes related to the activity of fire investigation for the continuous improvement of the SCI system (SISCI). In order to achieve this objective, it was necessary to explain the concepts related to continuous improvement, the PDCA cycle and its applications in public management, describe the stages of the SCI operational cycle, the processes related to the fire investigation activity and relate them to the SISCI in the Espírito Santo. In addition, seventy fire reports were analyzed and and questionnaires were applied to military firefighters who act as fire investigators. With this, it was possible, based on the results found, to propose actions for the improvement of the fire investigation activity and that will contribute to the continuous improvement of the Fire Safety System in the ES: restructuring of the fire department, requalification plan of fire investigator, seminar of good practices, implementation of the fixed scale and partnerships with research centers
A principiologia no processo eletrônico administrativo
(Universidade Federal do Espírito Santo, 2013-12-16) Tóffoli, Vandré de Castro; Dias, Taciana de Lemos; Berger, Dora; Pedra , Adriano Sant’Ana; Carneiro, Teresa Cristina Janes; Zaganelli, Margareth Vetis
Through this study we intend to examine a topic that is always actual and indispensable, since the principles of law, specially those contemplated in the Constitution, that support the preparation and interpretation of the processes and procedures adopted by administrative or judicial body, in traditional or electronic processes . Principles are nothing more than rules of conduct , that represent essential sources for any branches of law, having influence both in their training and in their application. The issue gains importance in the Federal University of Espírito Santo (UFES),since undergoes a process of revitalization, with the implementation of the electronic processing system characterized by the strong presence of the principles in the solution of interest conflicts. So, with the contemplation that the principles are basic and essential, guiding by the development and implementation of the right element, the theme will be analyzed in Principiology of The Electronic Administrative Procedure. Since then, we will get to a study of constitutional principles, the administrative process within the public administration. We will continue with an analysis of electronic processes, digital certificate and some initiatives in the executive and judiciary. Then, we will analyze the advantages of the electronic administrative procedure. Finally, concluding remarks on the subject of the work will be done
A qualificação econômica financeira segundo a Lei 8.666/93: um enfoque nas exigências da administração pública
(Universidade Federal do Espírito Santo, 2017-06-06) Coutinho, Renato Lírio; Cavalari Junior, Octavio; https://orcid.org/0000-0002-6279-9036; Oliveira, Marcia Cristina de; Rosseti Junior, Helio
Characterized as the most advantageous tender selection, when purchasing some good or product of public interest, public bidding is the procedure adopted by the public administration for the acquisition of goods / services throughout the country. Despite the Federal University of Espírito Santo (UFES), it uses this procedure to contract construction / renovation services in all campuses. Given this reason, this dissertation aims to propose a study based on the information of contracting of works and reforms managed by the Management of Works of the University City Hall of UFES, delimiting what are the types of documents required to prove the economic and financial qualification of the bidders, in order to identify if the requirements of proof are in accordance with the established by Law 8666/93 and the Court of Auditors of the Union. The methodology for the collection of bibliographical and jurisprudential data, the following descriptors were used contextualized to the theme In study: qualification of bidders; Public bidding; Law 8666/93, economic and financial qualification; Microenterprises. In addition to the bibliographical research, it was analyzed all contracting of construction works, comprised in the period from 2010 to 2016, of the Federal University of Espírito Santo - UFES. The research sample was based on the construction works and reforms managed by the UFES University Management of Works from 2010 to 2016. Based on the analysis of UFES construction works, six contracts were rescinded by the fact that the companies did not execute the contract, creating injuries to the UFES coffers and, consequently, to the general Public Adminstration. Thus, it suggested the need for better structuring and implementation of control measures of the construction works / reforms carried out in all UFES units has been proven, as well as the application of best practices and training in the teams involved in the bidding processes contracting, in order to guarantee greater criterio in the documentary analysis of the bidders, in order to anticipate risks and avoid prejudice to the public purse. Allowing, the end of the study suggest the implementation of best practices and guidelines in the bidding procedures
A regulamentação do procedimento de formação do preço de referência das licitações públicas : um estudo de caso no MPF/ES nos anos de 2013 a 2017
(Universidade Federal do Espírito Santo, 2018-06-25) Queiroz, Wayata Arrivabene de Freitas; Pedra, Anderson Sant'Ana; Zaganelli, Margareth Vetis; Fabriz, Daury Cesar
The brasilian State rules itself by na intrincated amount of norms destinated to ensure to tis citizens the goods and services essencials to life and human dignity. To that, subject itself to procedures e prescriptions established in the law, being of great relevance the pricing of the goods and services bidded, wich is denominated in the bidding procedures by reference price. Once was the understanding of the Public Administration and still is for many public agencies that the reference price of the governamental biddings is the smallest value obtained through market inquiry. However, frequently the Public Administration faces problems coming from inadequacy of the reference price towards the prices effectively praticated by the market, causing elevated percentages of desertions and failures in public biddings. Attentive to this fact, the Federal Public Ministry in the State of Espírito Santo (MPF/ES) edited the Service Instruction nº 05, of 17 August 2015, regulamentating the procedure in wich is obtained the reference price, that started to count with parameters of gathering the prices of the market and with the use of the arithmetic mean and median upon the obtained prices. Meanwhile, the pratical results of this new method of composition of the reference price are unknown. Because of that was accomplished a case study with qualitative nature and usage of comparative method, aiming to study the Service Instruction and to known the results coming in terms of effectiviness and economicity of the public biddings done by the MPF/ES. To that was extracted information related to the adjudication, failure and desertion of the bidings done by the MPF/ES between the years 2013 and 2017, as well the prices obtained in the market inquiry, reference prices e adjudication prices. The results of the research reveals advantages and disadvantages from the regulamentation of the procedure of formation of the reference price, unknown by many public agencies, including the MPF/ES, alowing the comparison with the previous methodology. It is about a technic of analysis developed em in real situation tha might serve as a model to be used by other institutions that are subject to the same rules of public bidding
A responsabilização de pessoas jurídicas por atos de corrupção : análise da (in)efetividade da Lei Anticorrupção (Lei nº 12.846/2013)
(Universidade Federal do Espírito Santo, 2017-09-28) Santos, Dielson Claudio dos; Zaganelli, Margareth Vetis; Pedra, Anderson Sant'Ana; Fabriz, Daury Cesar
The present study does not deal with corruption itself. The focus of the research is to study the application of the Anti-Corruption Law (ACL) and its reflexes in the main actors involved, legal entities and Public Administration, as a result of the results of conducting Administrative Responsability Processes (ARP), instituted in Articles 8 to 15 of the ACL. The strict liability, administrative and civil, of legal entities for the practice of acts of corruption is an innovation in the Brazilian legal scenario after the publication of Law 12.846/2013. The objective of this study was to identify a sample of the universe of Administrative Responsability Processes established between January 29, 2014 and February 28, 2017, based on the ACL, using an exploratory field study methodology, bibliographic and documentary research. The objective is to know the current stage of the effective application of ACL and to contribute to improve the delivery of public services. Knowledge of data arising from Administrative Responsibility Process decisions (or only from the opening of ARP) will provide subsidies for the formulation of public policies and strategies for the improvement of actions to defend public patrimony. The analysis of the data found indicates a low adhesion of national public entities in the establishment of Administrative Responsability Processes, as well as low timeliness in the submission of a decision on merits in the proceedings instituted. There is also a low registration of information in the National Register of Punished Companies on the sanctions applied, damaging an active transparency and making social control difficult.

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