CCSA - Especialização em Direito Administrativo

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A aplicação do instituto do dano moral nas relações extracontratuais entre os particulares e as entidades da administração pública
(Universidade Federal do Rio Grande do Norte, 2020-04-27) Calderon, Maggie Danielle Santos; Duarte Junior, Ricardo Cesar Ferreira; Duarte Júnior, Ricardo César Ferreira; Lucena, Pedro Flavio Cardoso; Florentino, Pedro Arthur Medeiros
The objective of this work is to analyze the application of the institute of moral damages in non-contractual relations between Public Administration entities and individuals. The study begins by exploring the issue of the State as generator of the damage. To this end, the history of state civil liability, the evolution of theories on the subject and how they are applied to the actions and omissions of the State are first addressed. Next, the requirements for the responsibility of the Administration entities in these theories are explored. The work then goes into the element of damage, specifically moral damage, its various concepts and the importance of a uniformity in the consideration of this as an injury to the right of personality. Finally, and as a second part of the research, the issue of the State as a victim of moral damages is explored. To this end, the existence of the objective honor of private legal entities of the Indirect Administration is analyzed, as well as the non-existence of this honor in public law entities, the exceptions to this rule and the importance of not applying objective moral damages in public law entities for the guarantee of the Democratic State of Law. In this context, the work briefly addresses the collective moral damage in cases of administrative improbity, which case law admits through evidence of effective damage. For all of the above, the legislation is analyzed, as well as the doctrinaire and jurisprudential position in order to, in the end, adopt a line of understanding related to the promotion of the personality rights with the due importance as fundamental rights.
Processos estruturais e o direito à acessibilidade das pessoas com deficiência em face de espaços urbanos
(Universidade Federal do Rio Grande do Norte, 2020-03-16) Saraiva, Hemily Samila da Silva; França, Vladimir da Rocha; França, Vladimir da Rocha; Siqueira, Mariana de; Jamaleddine, Adolpho Salim Simonetti
Le présent travail propose d'étudier le modèle juridique en vigueur dans le contrôle et la mise en œuvre des politiques publiques par le pouvoir judiciaire à travers les processus structurels, notamment dans l'hypothèse des droits d'accessibilité des personnes handicapées et de mobilité réduite face aux espaces urbains. Compte tenu de cette question, la possibilité a été défendue que le pouvoir judiciaire, en raison de l'omission d'autres pouvoirs, mette en œuvre des politiques publiques qui font respecter les droits d'accessibilité, sans, dans cette position militante, violer le principe de séparation des pouvoirs. Néanmoins, il y a toujours un déficit dans cette pratique. L'administration publique, à son tour, ne peut invoquer la thèse de la réserve du possible, si elle ne garantit pas le minimum existentiel au citoyen, véritable noyau dur des garanties fondamentales, fruit d'un État de droit démocratique. Le cœur du problème, qui concerne le problème structurel de l'accessibilité des personnes handicapées aux espaces urbains, est de savoir comment mettre en œuvre les droits face à un processus civil nettement individuel. Pour résoudre le problème, à travers le processus structurel, il est nécessaire de fortifier le caractère collectif du processus, en plus de repenser les instituts afin qu'il y ait un processus civil compatible avec les particularités des problèmes structurels, car bien qu'il existe des instruments prévus par la législation procédurales, celles-ci n'assistent pas suffisamment à un processus de nature structurelle et il n'existe actuellement aucun modèle capable de traiter de tels litiges. Un processus démocratique est nécessaire, compte dûment tenu du conséquentialisme des décisions judiciaires. Ont été utilisés pour poursuivre les objectifs décrits, la recherche du type qualitative et le niveau d'investigation descriptive et comme méthodologie d'approche hypothétique-déductive a été utilisée, à travers une analyse bibliographique et des dispositifs normatifs liés au thème.
Do concurso público: a delimitação do conceito da atividade jurídica em face da carreira da advocacia pública
(Universidade Federal do Rio Grande do Norte, 2020-03-26) Cortez, Silas Barbosa; França, Vladimir da Rocha; França, Vladimir da Rocha; Costa, José Marcelo Ferreira; Araújo, Mário Augusto Silva
It is known that, with the promulgation of the Federal Constitution of 1988, the investiture in public positions and jobs is obtained, in general, through the submission of the imminent agent to the screening of the public tender, as well as the fulfillment of certain requirements, be they of general, or specific and restrictive, depending on the nature and complexity of the desired position. Accordingly, for the eventual assumption of certain positions in the so-called legal careers, proof of minimum experience of legal activity is required as an essential requirement. The present work of conclusion of the course, therefore, has by primary teleology to serve as a support for the study about the parameters of the delimitation of the forensic practice usually required in public tenders for legal careers, especially those that refer to Public Advocacy. To this end, as a logical developmental sequence, the present analysis goes beyond the most elementary dictates about the public tender, also encompassing the discussion as to what comes to be called “legal activity”. In addition, the assumptions of public advocacy as an essential function of justice are investigated. Finally, based on the public tender paradigm of the Municipal Attorney of Vitória / ES (2020 notice), the constitutional feasibility of restrictive requirements for the exercise of 3 (three) years of legal activity in the exclusive scope of law as a matter of law is studied. basic requirement for investiture in the position of Municipal Attorney.
Recuperação administrativa de empresas públicas: limites e possibilidades no direito brasileiro
(Universidade Federal do Rio Grande do Norte, 2020-12-08) Ferreira, Milanny Freire Ferrari; França, Vladimir da Rocha; França, Vladimir da Rocha
Public companies have been studied extensively, through the analysis of the Federal Constitution with infraconstitutional legislation, especially Law No. 13,303 / 16, focusing on public companies that explore economic activity. These state-owned companies, which appear on the market, in direct contact with the private sector, must be subject to the legal regime proper to private companies, especially with regard to their civil, commercial, labor and tax rights and obligations, according to the provisions of Article 173 of the Major Law. In addition, it has been shown that a public company, as well as any other company, may experience periods of economic and financial decay. However, in spite of all the robust doctrinal theses that recognize the application of the bankruptcy law to public companies, these entities still cannot resort to judicial recovery, since art. 2º, I, law nº 11.101 / 05. Before these companies are not allowed to avail themselves of this benefit, administrative recovery was presented, which consists of an organization based on the management of the public company, goals and the elaboration of a management plan. The topic has relevance for the whole society, the country's economy and the lack of studies carried out on the subject made it possible to innovate in scientific knowledge when assessing whether there is a legal possibility for the public company to undergo an administrative recovery. For this, the theoretical descriptive methodology was used, as well as, dialectic.
Sanções administrativas em decorrência de dano ambiental: uma análise da atuação por órgão ambiental municipal
(Universidade Federal do Rio Grande do Norte, 2020-03-30) Nascimento, Pablo Ricelly do; Costa, José Marcelo Ferreira; Costa, José Marcelo Ferreira; França, Vladimir da Rocha; Araújo, Mario Augusto Silva
The 1988 Constitution of the Federative Republic of Brazil states that everyone has the right to an ecologically balanced environment, being the responsibility of both public authorities and the community the duty to defend and preserve it for current and future generations. In this sense, the environment starts to be considered a public patrimony to be assured and protected, aiming at collective use. In this scenario, the State's performance in terms of its power to interfere in this society / nature relationship stands out, creating conduct norms with the objective of creating mechanisms capable of regulating the activities of exploration of the environment. In this context, this research aimed to analyze the performance of municipal bodies in the face of environmental damage, in the exercise of police power and all the sanctioning forms established by the current law, as well as the ways of acting and their competence in the actions resulting from the exercise of this power by municipal environmental agencies based on the Ferderal Constitution and complmentary Law No. 140, of December 8, 2011.
Autarquias profissionais: realidade ou ficção da hermenêutica jurídica
(Universidade Federal do Rio Grande do Norte, 2020-03-20) Siqueira, Hector Bezerra; Costa, José Marcelo Ferreira; Costa, José Marcelo Ferreira; França, Vladimir da Rocha; Souza, Karoline Lins Câmara Marinho de
Professional councils are qualified as special autarchies for the control and inspection of professional activities in various categories, administered by professionals chosen by their respective peers. In the national legislative and legal scenario, the confrontation between their qualities and their legal framework is an extremely fertile ground for legal insecurity. The biggest clash waged by these institutions concerns the legal personality of public law, although this issue is currently pacified by ADI nº 1.717-6. After this first consolidation of the topic, questions arose about the regime of its staff, retirement, purchasing rules and several others, as well as doubts about the reality of the autarkic nature of these institutions, since they did not include all the prerogatives of entities of the Public Administration, some times more restricted and other times broader in their qualities. To this end, the HypotheticalDeductive methods will be applied, in order to assess the premises that were legally conferred on the Public Administration in general, on the Indirect Administration and, consequently, on the municipalities to demonstrate the inconsistency about the atypical nature that is conferred professional councils as an autarchy. Through the confrontation between the legal concepts of autarchy, professional councils and the concept of a parastatal entity, it will be demonstrated that professional councils need, as soon as possible, specific legislation, so that everything that tells you Respect is no longer based on judicial decisions or determined by the Federal Court of Auditors. The research proposes to elucidate, through theoretical study in the doctrine and national legislation, the prerogatives that professional councils have in general. Thus, it will be evident that Decree-Law No. 200/1967 did not reserve a seat for professional councils and thus does not consider them a Federal Public Autarchy of the Union's Indirect Public Administration, in such a way as to be observed the specific bonds that they hold other municipal entities.
Responsabilidade civil extracontratual do Estado por atos ilícitos cometidos por apenados no sistema penitenciário brasileiro
(Universidade Federal do Rio Grande do Norte, 2020-03-26) Vasconcelos, Amanda Souza de; França, Vladimir da Rocha; França, Vladimir da Rocha; Araújo, Mário Augusto; Costa, José Marcelo Ferreira
The present work seeks to analyze the extra-contractual civil liability of the Brazilian State for an illicit act committed by inmates within the prison system. In principle, it addresses the historical aspects of the penitentiary system, penalties, and the legal institutes that followed until the Criminal Execution Law and its applicability. It addresses the issue of the "crisis of the prison system", from the study of this system from its origins to the present day, with the report of the greatest rebellions that have occurred today, concluding that this is not a crisis, but successive human rights violations, in line with what was decided in ADPF 347. It deals with the administrative illicitity, as well as the institute of extra-contractual civil responsibility in Brazil, and goes into the issue of state accountability in cases of illicitity within the prison system. It concludes that the State has the duty to compensate those convicted for damages resulting from the breach of the duty of care provided for in the Federal Constitution, when in situations where the Public Power had the duty to act and did not do so specifically or in general.
Dos meios consensuais de resolução de conflitos: viabilidade jurídica frente às controvérsias de interesse público
(Universidade Federal do Rio Grande do Norte, 2020-03-19) Duarte, Marília Gabriela Mota Oliveira; Siqueira, Mariana de; Siqueira, Mariana de; Araújo, Sammara Costa Pinheiro Guerra de; Araújo, Mário Augusto Silva
This research aims to demystify the rigidity surrounding conflicts of public interest, and to verify the existence of legal plausibility and viability, that would allow Public Administration to conclude agreements, whether administratively or judicially, adopting a posture of consensualism in light of the “rule” of the unavailability of public interest, and its eventual (in)transactability. This research sought to analyze classic elements of administrative law, which have been reinterpreted in recent years, as well as the principles of the supremacy of public law over private law, and the principle of legality, given the need to improve the democratic Rule of Law, as well as guaranteed access to justice, both of which were subjects of this study. Furthermore, this research aims to demonstrate how this policy has been implemented, demonstrating limits being broken, and new limits being stipulated, ones which had been insurmountable to stately activities in light of demands of public interest, which the administration was constantly faced with. The methodology of judicial hermeneutics was utilized in order to interpret the norms governing this theme, through a doctrinal analysis, general elements of the Law, and an analysis of how the theme has been approached in practice, using deductive reasoning.
A responsabilidade civil extracontratual do estado na prestação de serviços de internações nas unidades de pronto atendimento
(Universidade Federal do Rio Grande do Norte, 2020-03-15) Barbalho, Rebeca de Souza; França, Vladimir da Rocha; França, Vladimir da Rocha; Siqueira, Mariana de; Jamaleddine, Adolpho Salim Simonetti
L'objectif général de cette recherche est de déterminer la responsabilité civile non contractuelle de l'État à l'égard des hospitalisations effectuées dans les unités service rapide et, par conséquent, le manque respectif de transfert et de lits, causant une omission et des dommages éventuels à l'administrateur dans la recherche de la fonction publique de la santé. Ayant comme objectifs spécifiques: l'analyse du droit fondamental à la santé et aux services publics par rapport à ceux qui doivent être protégés par l'Etat, fondamentaux pour la réalisation de la dignité de la personne humaine; Vérifiez également le rôle des unités de service rapide; Évaluer L'unités De Service Rapide dans l'organisation administrative; Examiner la responsabilité non contractuelle de l'État en cas d'admission à l'UPAS et vérifier les éventuels dommages pouvant résulter de cette pratique. Comme méthodologie d'approche utilisée pour la poursuite des objectifs hypothético-déductifs décrits, qui ont leur origine dans un problème, à savoir les hospitalisations sans soutien juridique dans les unités de service rapide et utilisons également la recherche bibliographique et documentaire comme: doctrine, articles, dispositions normatives et analyse jurisprudentielle liées au thème.
Considerações acerca da ANS e a experiência do SUS na implementação de políticas públicas voltadas à garantia do direito à saúde direcionado ao tratamento do doente mental
(Universidade Federal do Rio Grande do Norte, 2020) Silva, Renata Cunha Cavalcanti e; Sousa, Catarina Cardoso; Sousa, Catarina Cardoso; Siqueira, Mariana de; Araújo, Mario Augusto Silva
This paper aims to analyze the fundamental right to health in Brazil; This perspective based on installment and costing before the public and private systems, considering it is the right to universal and intersetorial access. It is also intended to identify the role of the National Health Agency (ANS) in regulating public mental health policies in Brazil; analyze the constitutional guarantees established by the Brazilian legislature for the treatment of the mentally ill during periods of psychiatric hospitalization; investigate the challenges of implementing public policies in the face of psychiatric and asylum reform established within the Unified Health System; to outline general aspects about the cost of health in Brazil, according to the provision inserted in the national legislation. The methodology used in the investigation allows classifying the research as exploratory, using the bibliographic survey technique for data collection and qualitative approach of the problem. Data analysis is critical of content.
O direito à recontratação de professor substituto diante da limitação imposta pelo art. 9º, III, da lei nº 8.745/1993 no âmbito da Universidade Federal do Rio Grande do Norte
(Universidade Federal do Rio Grande do Norte, 2020) Medeiros, Julia Ohana Alves; Siqueira, Mariana de; Siqueira, Mariana de; Rocha, Anna Emanuella Nelson dos Santos Cavalcanti da; Araújo, Sammara Costa Pinheiro Guerra de
Until February this year, the rehiring of a substitute professor within the scope of the Federal Public Administration had been prohibited, under the terms of art. 9, III, of Law nº 8.745 / 93. At the Federal University of Rio Grande do Norte, this possibility of rehiring existed from 2010 to 2017, by order of the Federal Court of Rio Grande do Norte, which considered such a provision unconstitutional. However, in 2017 there was a decision by the Supreme Federal Court recognizing the constitutionality of the provision, and rehiring is again prohibited, before twenty-four months after the previous contract. In view of this and the realization of selective processes without hiring the approved candidates for requiring the quarantine provided for in the law, there was a need to study the subject in more detail to try to understand if this impediment was, in fact, in accordance with the constitutional principles, as well as to understand whether the administrative acts emanating from the Federal University of Rio Grande do Norte are in line with the legal system or if there is a tendency to be reformed by the Judiciary. For that, bibliographic research was used as methodology, including doctrinal works, scientific articles, dissertations, as well as the national legislation. In order to achieve the objective of this monograph, it was necessary to study the evolution of the temporary employee institute, the assumptions for hiring, to analyze provisions of Law no. 8745/93 about hiring and prohibiting rehiring, from the perspective of constitutional principles, as well as analyzing the decision of the Supreme Federal Court and verifying the implications of this impediment within the scope of the University. It is concluded that the legal impediment is not consistent with the constitutional principles and administrative acts of the Federal University of Rio Grande do Norte regarding the rehiring of a substitute professor were not in line with the national legal system, since, for some time, they were reformed by the Judiciary. Currently, with the edition of Provisional Measure nº. 922, of February 28, 2020, the legal impediment ceased to exist, and there may be rehiring, as long as preceded by a selection process.
A Controladoria Geral da União e o combate à corrupção
(Universidade Federal do Rio Grande do Norte, 2020) Souza, Erika Estefania Rodrigues de; Galvão, Hudson Palhano de Oliveira; Galvão, Hudson Palhano de Oliveira; Duarte Júnior, Ricardo César Ferreira; Silva, Carlos Sérgio Gurgel da
The fight against corruption has been one of the most discussed topics today, in several fields of knowledge beyond the legal sphere. It is a collective action and shared by many, especially when seeking to obtain gains and advantages in an unlawful manner in the fields of public management. Therefore, this research has as main objective, to analyze how the methods used by the CGU can come to restrain, prevent and combat acts that are harmful to the public patrimony and to encourage the practice of social control. For a better understanding of this objective, in the course of the work, we sought to focus on the following specific objectives: to identify the causes that drove corruption, to list the legal and constitutional attributions of CGU; verify, among the listed attributions, which are effectively developed and point out what the corruption prevention actions carried out by CGU. This is a bibliographic research, where the researcher seeks to observe through other materials published in books, articles, monographs, institutional websites, etc., how the CGU works on the problem of corruption in public agencies, according to its attributions and competencies. . In view of the research carried out, it is observed that this is not an easy task to be performed by competent bodies for this function. As much as the CGU is well equipped and supported by the legal norm, since all its actions and attributions are guided by specific laws, by the Brazilian Criminal Law and by the Federal Constitution itself, its actions are required to be in line with the advances in the practice of the phenomenon of corruption itself in Brazil and in the world, due to the various existing tools that facilitate public agents and third parties in the practice of the infraction against the state machine. According to the researcher and according to the opinion of the most diverse renowned authors, consulted for this purpose, the Federal Executive Branch must guarantee its status as an inspection body and carry out new strategic plans in a way that makes it possible to study the mechanisms used by public agents in the practice of acts of administrative impropriety, thus being able to foresee possible actions that may contribute to new actions of this nature and prevent them in time, as a preventive measure, instead of dedicating only to measures to fight corruption itself.
O dano in re ipsa em matéria de improbidade administrativa e o prejuízo gerado pela dispensa ilegal de licitação: um estudo a partir da jurisprudência do Superior Tribunal de Justiça
(Universidade Federal do Rio Grande do Norte, 2020-03-25) Rocha, Edgar Pereira da; Duarte Júnior, Ricardo Cesar Ferreira; Duarte Júnior, Ricardo César Ferreira; França, Vladimir da Rocha; Jamaleddine, Adolpho Salim Simonetti
The present research has as its object the analysis of the issue that involves the loss resulting from the non-observance of the regular bidding process (as in the case of direct contracting, when no situation of dismissal or unenforceable bidding is characterized) that, in the current understanding of the Superior Court of Justice - STJ, constitutes presumed damage (in re ipsa) to the Treasury. On the subject, as a rule, it is necessary to configure acts of administrative improbity provided for in art. 10 of Law Nº. 8,429 / 92 the presence of actual damage to the Treasury is required. However, in the case of the conduct described in item VIII of art. 10, the presence of actual damage to the Treasury is not required. This is because, in this situation, for the current and majority understanding of the Superior Court of Justice (STJ), the damage is presumed (damage in re ipsa). Thus, with the undue exemption from bidding, and thus preventing the public administration from hiring the best proposal, the public administrator causes damage in re ipsa, therefore it is not necessary, therefore, to demand the burden of proof from the author of the public civil action. about the topic. From this context, the present work will start from the scientific-legal review and analysis of the foundations that support the current understanding of the jurisprudence of the Superior Court of Justice, and which is justified based on the recent phenomenon of the increasing affirmation of jurisprudence as a source, this mark reveals in Brazilian law the prestige and preponderance of the decisions of the Superior Courts. It is a general objective to analyze whether it is legally possible, in the light of the 1988 Federal Constitution, as well as the infra-constitutional legislation, to admit the configuration of the infraction types of art. 10 (VIII), of Law 8,429 / 1992, based on a presumption of damage to the Treasury. Regarding specific objectives, we list the following: a) aim at the literature (state of the art) on the themes that involve the problem that is intended to be addressed, with the presentation of the understanding of the scientific-legal community; b) Identify the constitutional and under constitutional sources related to the matter of administrative law, public bidding and administrative improbity, with regard to the discussion of the theme; c) Analyze the norm of art. 10 (VIII), of Law 8,429 / 1992, its application and interpretation according to the provisions of Decree-Law 4,657 / 42; d) Investigate and present the legal foundations that support the current jurisprudential understanding of the Superior Court of Justice; e) present the legal consequences entailed to agents who violate the infraction types of art. 10 (VIII), of Law 8,429 / 1992, based on the dominant jurisprudence of the Superior Court of Justice. In view of the analysis of the legislation, the legal literature and the exposure of the dominant and minority understandings of the ministers that make up the Superior Court of Justice (STJ), it remains to be seen what the legal foundations that make up the STJ's jurisprudence, as well as legal reflections were proposed, theoretical and scientific criticisms and propositions on the proposed theme.
Alternativas contratuais à prestação de serviço de saúde por municípios em consórcio público
(Universidade Federal do Rio Grande do Norte, 2020-03-20) Diniz, Victor Alexis Fernandes; Costa, José Marcelo Ferreira; Costa, José Marcelo Ferreira; França, Vladimir da Rocha; Rodrigues, Fillipe Azevedo
This paper adresses contractual alternatives to the provision of health services by municipalities in a public consortium. The fundamental right to health, expressly provided for in the Constituição Federal de 1988 as a right for all and a duty of the State, requires the implementation of social and economic policies aimed at reducing the risk of disease and other health problems. The Sistema Único de Saúde emerges as a way of implementing the aforementioned constitutional command, organizing the health service in a decentralized, regionalized and hierarchical manner, in which executive competencies are concentrated on the entities that are closest to the population, that is, municipalities. However, the provision of health services is naturally costly and, therefore, it is inserted in a scarcity scenario, which is why it is necessary to make allocative choices aiming at its implementation. In the municipal scope, this scenario presents itself with greater vigor, since the vast majority of these entities have low collection capacity, which causes the poor implementation of the right to health in a perspective that is not only individual, but regionalized. In this context, municipal entities resort to pooling efforts in order to solve the problem presented, which occurs through the formation of a public consortium. However, the mere agglomeration of these entities in a public consortium does not have the power to resolve, by itself, the failures in the health service, requiring a perfect understanding of its limits and possibilities in order to enhance the associated management of public service. Aware of this problem, this work presents possible alternatives to be used within the scope of a public consortium with the objective of enabling the visualization of the best possible arrangement in view of the peculiarities inherent to its formation. To this end, it conducts an analysis of the fundamental right to health in the Federal Constitution of 1988, with a focus on the Unified Health System, municipal competences and the scarcity scenario. After that, analysis is brought about the Public Consortium, notably with regard to its legal regime, with special mention to the personnel regime, advantages of the institute and difficulties in its implementation. Thus, the way is opened for the presentation of contractual alternatives, starting the approach with Law 8.666/93, especially with regard to outsourcing, following with the analysis of the Regime Diferenciado de Contratações, also addressing the Parecias Público-Privadas regime and, in the end, interactions with the third sector.
Extensão e limites ao poder sancionador da corte de contas potiguar no âmbito do controle externo das licitações e contratos administrativos
(Universidade Federal do Rio Grande do Norte, 2020-03-26) Salles, José Anderson Souza de; França, Vladimir da Rocha; França, Vladimir da Rocha; Costa, José Marcelo Ferreira; Araújo, Mario Augusto Silva
This work aims to study the performance of the Courts of Accounts, more specifically about the sanctioning power exercised by the TCE/RN within the scope of external control of public tenders and contracts. The powers and sanctioning power of the Courts of Accounts have always raised doubts and promoted hermeneutic debates in the doctrine and jurisprudence of the higher courts, so that it is necessary to ascertain, within the scope of external control of public tenders and contracts, the extent of their powers and limits applicable to the sanctioning power exercised by the TCE/RN? The investigation will be carried out through a theoretical-descriptive research, with the methodology recommended by legal dogmatics, based on a normativist perspective of Law, but which recognizes the importance of legal principles in the Positive Law system. In order to resolve such issues, it is intended to identify: i) the origin and evolution of the sanctioning administrative law exercised by the TCE/RN; ii) explore the types and legal nature of the administrative sanction contained in the federal bidding and contract laws, as well as those applied by this control body and; iii) study the limits applicable to the sanctioning administrative law exercised by the Potiguar Court of Accounts in terms of public tenders and contracts. The final product of this work is a regional study on the theme that will serve both for the academy, in order to promote the study in this area, as well as for public managers and the external control body to identify cases in which the Court would be exorbitant, or no, your assignments.
A criação da previdência complementar para o servidor público federal sob a luz do princípio do equilíbrio financeiro e atuarial
(Universidade Federal do Rio Grande do Norte, 2020-03-25) Faria, Raissa Bezerra de; Duarte Júnior, Ricardo Cesar Ferreira; Duarte Júnior, Ricardo Cesar Ferreira; França, Vladimir da Rocha; Jamaleddine, Adolpho Salim Simonetti
This work aims at analyzing the emergence of the pension funds system for federal public servants, which has been implemented due to the change in the social security system, according to Law 12.618/2012. The old system in which pension and retirement benefits were considered as prizes for the ones who dedicated the State their strength and work has been substituted by a contributive, solidary, sustainable system, worried with the future generations of public servants and based on the constitutional principle of financial and actuarial balance. Such principle is the guarantee that the financial resources of Regime Próprio de Previdência Social (Brazilian Social Security System - RPPS) will be enough for the payment of all its obligations, both on a short-term basis, on each accounting period and on a long-term basis, which covers all of its duration. In order to discuss this issue, this study addresses the creation and the consolidation of the international and Brazilian rights to social security, highlighting its relations with the economic, social and political segments. It analyses the political process and the Brazilian social security system changes. It also studies the emergence and the evolution of the social security systems for Brazilian federal public servants as well as its relations with the legal regime for hiring public servants. The study also discusses the exhaustion of the old social security system for public servants, emphasizing the changes occurred on the Brazilian demographics. Finally, it identifies the present structure of Fundação de Previdência Complementar do Servidor Público Federal (Pension Funds of Federal Civil Servants - FUNPRESP), a closed-end private pension entity, which aims at administrating and executing social security benefits plans.
Divulgação de fake news como ato de improbidade atentatório contra os princípios da administração pública
(Universidade Federal do Rio Grande do Norte, 2020-03-20) Ramalho, Fernanda Maria de Oliveira; Medeiros, Morton Luiz Faria de; Medeiros, Morton Luiz Faria de; Surini, Kate de Oliveira Moura; Santos, Bruno Calife dos
In the Post-Truth Era, characterized by the popularization of the worldwide web and effervescence of digital medias, we are bombarded all the time by a complex range of information. The internet has become extremely relevant, figuring as a stage for the exercise of the right to freedom expression, raising intense public and social debates. Fake news take advantage of this space for fast exchange of content to spread in a viral way, causing informational chaos, especially in Public Administration, when propagated by public agents. Based on this context, this monograph aims to investigate if the disclosure of fake news by public agents constitutes an Administrative Improbity Act against the Principles of Public Administration. In the research, the deductive-qualitative method was used, investigating the theme in the National legislation, doctrine and Jurisprudence of the State and Superior Courts. Initially, the contemporary informational context is studied, approaching the conceptual and doctrinal aspects of post-truth and fake news. Then, the elements that characterize the Administrative Improbity Acts typified in art. 11 of Law 8.429/92 are analised, debating the mitigation of the right to freedom expression confronting the fight against fake news. It was concluded that the disclosure of fake news by public agents can be capitulated as an Administrative Improbity Act that violates the Principles of Public Administration, compromising the integrity of the democratic regime and the reliability of the citizens regarding the legitimacy of administrative acts.
Análise da atividade administrativa inerente a prestação do serviço público de saúde: um olhar à luz da responsabilidade civil extracontratual do Estado
(Universidade Federal do Rio Grande do Norte, 2020) Barros, Alice Cachina França; França, Catarina Cardoso Sousa; França, Catarina Cardoso Sousa
Administrative activity is a public dimension of individual interests. When the State in the exercise of essential services has the public interest as its purpose, there is a guarantee that aims to achieve this right more efficiently. In this sense, the present monographic study proposes to analyze, based on bibliographic research, an issue surrounding the provision of health services under a view in the light of non-contractual civil liability. With a view to the logical-deductive method, it is intended to assess hypotheses regarding the essential health service provided by the State, in order to construct valid considerations that aim to clarify the need for noncontractual liability of the State when there is an omission in the exercise of this essential right.
A consensualidade na administração pública e acordos substitutivos no processo administrativo sancionador
(Universidade Federal do Rio Grande do Norte, 2020-02-18) Silva, Rebeca Tindô Ferreira da; França, Catarina Cardoso Sousa; França, Catarina Cardoso Sousa; Siqueira, Mariana de; Araújo, Mário Augusto Silva
This study aims to analyze the consensus in the Public Administration and the substitute agreements in the sanctioning administrative process. The research is qualitative, descriptive and bibliographic. Initially, the traditional concept of the supremacy of the public interest is presented, and then the elements that corroborated its resignification within the scope of Administrative Law are highlighted. The general aspects of Sanctioning Administrative Law are highlighted and the emergence of the notion of administrative consensuality is related to the evolution that the notion of supremacy of the public interest has undergone. The distinction between the institutes of governance, governance and accountability is presented. The relevance of the principle of administrative legality is highlighted. In the end, the notion of administrative process, the guiding principles and the legitimacy of substitute agreements in the sanctioning administrative process are verified. It appears that the notion of administrative consensuality and, consequently, the establishment of substitutive administrative agreements, within the scope of the administrative sanctioning process, is fully possible and follows exactly from all the evolution that the Public Administration has undergone over time. Therefore, there is no need to talk about a violation of the principle of the supremacy of the public interest, let alone its availability when seeking negotiated solutions. These, in fact, corroborate for the greater efficiency of the Public Administration and allow the effective resolution of conflicts.
O tombamento como proteção jurídica do patrimônio cultural: análise do caso Hotel Reis Magos à luz dos parâmetros de interpretação do Direito Público contemplados na Lei de Introdução às Normas do Direito Brasileiro – LINDB
(Universidade Federal do Rio Grande do Norte, 2020-03-25) Lessa, Joyce de Oliveira; Duarte Júnior, Ricardo César Ferreira; Duarte Júnior, Ricardo César Ferreira; França, Vladimir da Rocha; Jamaleddine, Adolpho Salim Simonetti
The present work proposes an analysis on the need to modernize the Recording legislation in order to provide greater effectiveness to the rules that organize the protection of the brazilian cultural heritage, at the federal, state and municipal government levels, according to the changes introduced by Law nº 13.655/2018, which inserted new parameters for interpretation and application of Public Law in Decree-Law nº 4.657/1942 (“Introduction to the Rules of Brazilian Public Law”). The case study chosen to illustrate on a practical level the effects of such proposal, based on doctrine, legislation and case law research, was the recent outcome involving the establishment of a temporary cultural heritage recording procedure that lasted for about six years and culminated with a court decision that granted a permit to demolish the Reis Magos Hotel, formerly located in the seaside area of Natal, capital of Rio Grande do Norte.

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