Disseminar conhecimentos e estimular a reflexão e o debate, apoiando o desenvolvimento dos servidores, o seu compromisso com a cidadania e a consolidação de uma comunidade de praticantes, especialistas e interessados nos temas de políticas públicas e gestão governamental.
{"title":"Capacidades e capacitações estatais para uma agenda de futuros","authors":"Ana Célia Castro","doi":"10.21874/rsp.v74i1.9951","DOIUrl":"https://doi.org/10.21874/rsp.v74i1.9951","url":null,"abstract":"Disseminar conhecimentos e estimular a reflexão e o debate, apoiando o desenvolvimento dos servidores, o seu compromisso com a cidadania e a consolidação de uma comunidade de praticantes, especialistas e interessados nos temas de políticas públicas e gestão governamental.","PeriodicalId":43013,"journal":{"name":"Revista do Servico Publico","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135418047","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The article discusses the issue of violence against women in Brazil and the importance of external control bodies in addressing the problem. To deal with the topic, the text is organized into five parts. It begins with an initial overview of the issue. Then, alarming statistical data on violence against women is presented, highlighting the increase in reports in recent years. The third part presents the evolution of protective legislation for women’s rights. The fourth part of the work exposes the performance of external control bodies on violence against women, both at the federal level and at the state level. In this case, the representation filed by the Public Ministry of Accounts of Santa Catarina before the Court of Accounts of the State of Santa Catarina (REP n. 4/2019) is examined. In 2021, the court completed a detailed operational audit that evaluated public policies and existing structures in the State related to assistance to women victims of violence. The last part concludes that the action of external control bodies is essential to assist in the evaluation of the problem so that public managers can identify priorities and implement more effective prevention, combat, and assistance actions.
{"title":"Violência contra mulher é da nossa conta: possibilidades de atuação no sistema de controle externo brasileiro","authors":"Cibelly Farias","doi":"10.52028/mpcpa01-art01","DOIUrl":"https://doi.org/10.52028/mpcpa01-art01","url":null,"abstract":"The article discusses the issue of violence against women in Brazil and the importance of external control bodies in addressing the problem. To deal with the topic, the text is organized into five parts. It begins with an initial overview of the issue. Then, alarming statistical data on violence against women is presented, highlighting the increase in reports in recent years. The third part presents the evolution of protective legislation for women’s rights. The fourth part of the work exposes the performance of external control bodies on violence against women, both at the federal level and at the state level. In this case, the representation filed by the Public Ministry of Accounts of Santa Catarina before the Court of Accounts of the State of Santa Catarina (REP n. 4/2019) is examined. In 2021, the court completed a detailed operational audit that evaluated public policies and existing structures in the State related to assistance to women victims of violence. The last part concludes that the action of external control bodies is essential to assist in the evaluation of the problem so that public managers can identify priorities and implement more effective prevention, combat, and assistance actions.","PeriodicalId":43013,"journal":{"name":"Revista do Servico Publico","volume":"10 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2023-03-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83893811","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This text aims to investigate the role of the Public Administration control bodies, notably the strategic relevance of the Public Ministry of Accounts, in order to guarantee the effectiveness of the norms, values and objectives of the Constitution (constitutional project), in the face of the historical deficits of implementation, and the still persistent perverse effects of the pandemic caused by Covid-19. It is argued that, based on Constitutionalization of Law thinking, all interpretation of the legal system, all the effort of the public services and the performance of control bodies must be reverent to the values and objectives of Constitution norms, especially the implementation of the fundamental rights. In the specific case of this article, this paper emphasizes the Public Ministry of Accounts role in order to evaluate the performance of the public services; to verify whether the mission of guaranteeing the implementation of the constitutional project is being fulfilled; and what to do if necessary, to reach the goal of correction. And, in this matter, considering that such task demands specific expertise in terms of control, such as: the vision of the whole in terms of public policies; the management of inducing, collaborative and articulating control functions; as well, the broad knowledge of the public budget; and bearing in mind that the Public Accounting Ministries have extensive experience in these matters; this text concludes that Public Ministry of Accounts are strategic and essential bodies in the control of public administration and in the defense and feasibility of the constitutional project.
{"title":"A relevância estratégica dos ministérios públicos de contas para a efetiva concretização do projeto constitucional","authors":"João Augusto dos Anjos Bandeira de Mello","doi":"10.52028/mpcpa01-art05","DOIUrl":"https://doi.org/10.52028/mpcpa01-art05","url":null,"abstract":"This text aims to investigate the role of the Public Administration control bodies, notably the strategic relevance of the Public Ministry of Accounts, in order to guarantee the effectiveness of the norms, values and objectives of the Constitution (constitutional project), in the face of the historical deficits of implementation, and the still persistent perverse effects of the pandemic caused by Covid-19. It is argued that, based on Constitutionalization of Law thinking, all interpretation of the legal system, all the effort of the public services and the performance of control bodies must be reverent to the values and objectives of Constitution norms, especially the implementation of the fundamental rights. In the specific case of this article, this paper emphasizes the Public Ministry of Accounts role in order to evaluate the performance of the public services; to verify whether the mission of guaranteeing the implementation of the constitutional project is being fulfilled; and what to do if necessary, to reach the goal of correction. And, in this matter, considering that such task demands specific expertise in terms of control, such as: the vision of the whole in terms of public policies; the management of inducing, collaborative and articulating control functions; as well, the broad knowledge of the public budget; and bearing in mind that the Public Accounting Ministries have extensive experience in these matters; this text concludes that Public Ministry of Accounts are strategic and essential bodies in the control of public administration and in the defense and feasibility of the constitutional project.","PeriodicalId":43013,"journal":{"name":"Revista do Servico Publico","volume":"10 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2023-03-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80212464","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This article approaches, in general terms, the constitutional statute and the perspectives of the Public Ministry of Accounts outlined under the prism of institutional autonomy and functional independence. Through the historical foreshortening of the body, its origin and its iter of institutional maturation are rescued, bringing up the discussions that surround the theme, with the prospective bias of the necessary interpretative and sedimentation advances essential to the guarantor of the constitutional desideratum both of the Parquet of Accounts and the external control system as a whole, in order to ultimately reaffirm the own effectiveness and legitimacy of the specific jurisdiction exercised by the Courts of Accounts.
{"title":"Ministério Público de Contas: estatuto constitucional e perspectivas sob o prisma da autonomia institucional e da independência funcional","authors":"Stephenson Oliveira Victer","doi":"10.52028/mpcpa01-art09","DOIUrl":"https://doi.org/10.52028/mpcpa01-art09","url":null,"abstract":"This article approaches, in general terms, the constitutional statute and the perspectives of the Public Ministry of Accounts outlined under the prism of institutional autonomy and functional independence. Through the historical foreshortening of the body, its origin and its iter of institutional maturation are rescued, bringing up the discussions that surround the theme, with the prospective bias of the necessary interpretative and sedimentation advances essential to the guarantor of the constitutional desideratum both of the Parquet of Accounts and the external control system as a whole, in order to ultimately reaffirm the own effectiveness and legitimacy of the specific jurisdiction exercised by the Courts of Accounts.","PeriodicalId":43013,"journal":{"name":"Revista do Servico Publico","volume":"10 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2023-03-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89186285","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The work aims to demonstrate the need to improve instruments for controlling fiscally responsible management of revenue waivers, based on the observation that the search for public debt sustainability is not limited to the inspection of primary expenditures. To carry out this task, the text is divided into three chapters, including an introduction to the problem. The second chapter deals with the need for fiscal equity in controlling the balance of public accounts, which presupposes, among other dimensions, effective collection of all available revenues (art. 11 of the LRF). In conclusion, hypotheses are proposed for improving the control of tax waivers, given the normative framework that governs them.
{"title":"Equidade fiscal e controle das renúncias de receitas","authors":"Élida Graziane Pinto","doi":"10.52028/mpcpa01-art03","DOIUrl":"https://doi.org/10.52028/mpcpa01-art03","url":null,"abstract":"The work aims to demonstrate the need to improve instruments for controlling fiscally responsible management of revenue waivers, based on the observation that the search for public debt sustainability is not limited to the inspection of primary expenditures. To carry out this task, the text is divided into three chapters, including an introduction to the problem. The second chapter deals with the need for fiscal equity in controlling the balance of public accounts, which presupposes, among other dimensions, effective collection of all available revenues (art. 11 of the LRF). In conclusion, hypotheses are proposed for improving the control of tax waivers, given the normative framework that governs them.","PeriodicalId":43013,"journal":{"name":"Revista do Servico Publico","volume":"110 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2023-03-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78865840","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Patrick Bezerra Mesquita, Danielle Fátima Pereira da Costa
The article aims to analyze the new perspective of federalism in the jurisprudence of the Brazilian Supreme Court, which emphasizes the legislative autonomy of the federative entities, considering them real labs of legislative experiences. Based on that, it defends the possibility of article 130 of Federal Constitution be densified by Member-States in order to adopt a Public Ministry of Accounts with administrative and financial autonomy.
{"title":"Por uma releitura do perfil institucional do Ministério Público de Contas no contexto do federalismo","authors":"Patrick Bezerra Mesquita, Danielle Fátima Pereira da Costa","doi":"10.52028/mpcpa01-art06","DOIUrl":"https://doi.org/10.52028/mpcpa01-art06","url":null,"abstract":"The article aims to analyze the new perspective of federalism in the jurisprudence of the Brazilian Supreme Court, which emphasizes the legislative autonomy of the federative entities, considering them real labs of legislative experiences. Based on that, it defends the possibility of article 130 of Federal Constitution be densified by Member-States in order to adopt a Public Ministry of Accounts with administrative and financial autonomy.","PeriodicalId":43013,"journal":{"name":"Revista do Servico Publico","volume":"27 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2023-03-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81308503","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The central idea of this text is to demonstrate the way in which those people or institutions that violate the norms that govern the Brazilian public financial and budget system are controlled and punished. It is the scope of monitoring and punishing of public financial law, correlated to the power to control public accounts and to hold accountable, in various areas, those who fail to comply with established rules, including analyzing the competences of the Courts of Accounts.
{"title":"Vigiar, punir e o controle financeiro do Estado","authors":"Fernando Facury Scaff","doi":"10.52028/mpcpa01-art04","DOIUrl":"https://doi.org/10.52028/mpcpa01-art04","url":null,"abstract":"The central idea of this text is to demonstrate the way in which those people or institutions that violate the norms that govern the Brazilian public financial and budget system are controlled and punished. It is the scope of monitoring and punishing of public financial law, correlated to the power to control public accounts and to hold accountable, in various areas, those who fail to comply with established rules, including analyzing the competences of the Courts of Accounts.","PeriodicalId":43013,"journal":{"name":"Revista do Servico Publico","volume":"49 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2023-03-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87136664","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The Union’s debt to municipalities resulting from de underpayment of financial resources as a complement to the Fund for the Development and Maintenance of Elementary Education and Recognition of Teaching Profession (FUNDEF), also known simply as “Fundef’s judiciary bond” is an old and well-known problem for those involved in the issue of education and external control, but generates consequences until today without giving signs of truce for the coming years. The present article intends to complie the main chapters of this history and perform a critical analysis of the judicial decisions and legislative innovations that permeate the case, focusing on the payment of allowances to teaching professionals and attorney’s fees with the portion related to interest on arrears of the judiciary bond.
{"title":"Em busca dos recursos perdidos – a saga dos precatórios do Fundef","authors":"Cristina Andrade Melo","doi":"10.52028/mpcpa01-art02","DOIUrl":"https://doi.org/10.52028/mpcpa01-art02","url":null,"abstract":"The Union’s debt to municipalities resulting from de underpayment of financial resources as a complement to the Fund for the Development and Maintenance of Elementary Education and Recognition of Teaching Profession (FUNDEF), also known simply as “Fundef’s judiciary bond” is an old and well-known problem for those involved in the issue of education and external control, but generates consequences until today without giving signs of truce for the coming years. The present article intends to complie the main chapters of this history and perform a critical analysis of the judicial decisions and legislative innovations that permeate the case, focusing on the payment of allowances to teaching professionals and attorney’s fees with the portion related to interest on arrears of the judiciary bond.","PeriodicalId":43013,"journal":{"name":"Revista do Servico Publico","volume":"3 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2023-03-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90631715","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The article deals with the Brazilian experience with a constitutional spending cap, introduced into the country’s Constitution by the Constitutional Amendment n. 95/2016 and in the process of being overcome. To this end, it assays the rule’s design and the option for its introduction into the Constitution, in view of foreign experiences and the correlated literature. It contrasts the different (and polarized) expectations in relation to the rule and the outcomes correlated to it, under fiscal, political-legislative (and budgetary) and juridical aspects. The article advocates the practical limitation of the strategy of excessively restricting, through a constitutional norm, the space for political choice in fiscal matters and exams the succession of constitutional amendments, eminently aimed at circumventing the rule, and the consequent weakening of the expected stability of a rigid constitutional document. It also indicates a clear option for constitutional reforms, in the political field, to the detriment of jurisdictional solutions within the stablished framework.
{"title":"Obituário do teto de gastos da EC nº 95/2016: erros, acertos e aprendizados","authors":"Rodrigo Medeiros de Lima","doi":"10.52028/mpcpa01-art07","DOIUrl":"https://doi.org/10.52028/mpcpa01-art07","url":null,"abstract":"The article deals with the Brazilian experience with a constitutional spending cap, introduced into the country’s Constitution by the Constitutional Amendment n. 95/2016 and in the process of being overcome. To this end, it assays the rule’s design and the option for its introduction into the Constitution, in view of foreign experiences and the correlated literature. It contrasts the different (and polarized) expectations in relation to the rule and the outcomes correlated to it, under fiscal, political-legislative (and budgetary) and juridical aspects. The article advocates the practical limitation of the strategy of excessively restricting, through a constitutional norm, the space for political choice in fiscal matters and exams the succession of constitutional amendments, eminently aimed at circumventing the rule, and the consequent weakening of the expected stability of a rigid constitutional document. It also indicates a clear option for constitutional reforms, in the political field, to the detriment of jurisdictional solutions within the stablished framework.","PeriodicalId":43013,"journal":{"name":"Revista do Servico Publico","volume":"11 12 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2023-03-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78388681","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Multilateral development banks are international organizations and, therefore, subjects of Public International Law, aimed at promoting financial cooperation through loans and donations to infrastructure projects, acquisition of goods and services for the Public Administration. The creation of the first banks occurred at the end of World War II, in the context of post-war reconstruction. Brazil has a constitutional and legal framework that allows the use of external resources from multilateral banks, as well as the waiver of domestic legislation for the application of external rules, subject to constitutional and procedural requirements. In the first decades of the 21st century, due to the economic growth of emerging countries and the need for greater representation of their decisions in international organizations, new multilateral banks have been created. These banks are characterized by their more flexible rules, greater possibility to make use of national procurement and contracting rules, use of local currency, and fewer conditionalities. Faced with an international context marked by the COVID-19 pandemic, the war in Ukraine, and high inflation, foreign resources qualify as an alternative to contribute to national public policies, and Brazilian institutions need to qualify themselves to be able to request funding for projects of public interest.
{"title":"Recursos externos para a administração pública: a contribuição dos novos Bancos Multilaterais de Desenvolvimento","authors":"Thiago Ferreira Almeida","doi":"10.52028/mpcpa01-art10","DOIUrl":"https://doi.org/10.52028/mpcpa01-art10","url":null,"abstract":"Multilateral development banks are international organizations and, therefore, subjects of Public International Law, aimed at promoting financial cooperation through loans and donations to infrastructure projects, acquisition of goods and services for the Public Administration. The creation of the first banks occurred at the end of World War II, in the context of post-war reconstruction. Brazil has a constitutional and legal framework that allows the use of external resources from multilateral banks, as well as the waiver of domestic legislation for the application of external rules, subject to constitutional and procedural requirements. In the first decades of the 21st century, due to the economic growth of emerging countries and the need for greater representation of their decisions in international organizations, new multilateral banks have been created. These banks are characterized by their more flexible rules, greater possibility to make use of national procurement and contracting rules, use of local currency, and fewer conditionalities. Faced with an international context marked by the COVID-19 pandemic, the war in Ukraine, and high inflation, foreign resources qualify as an alternative to contribute to national public policies, and Brazilian institutions need to qualify themselves to be able to request funding for projects of public interest.","PeriodicalId":43013,"journal":{"name":"Revista do Servico Publico","volume":"67 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2023-03-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83147958","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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