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Tratamento das nulidades no processo administrativo; The legal treatment of the nullities in administrative procedures

Caggiano, Alvaro Theodor Herman Salem
Fonte: Biblioteca Digitais de Teses e Dissertações da USP Publicador: Biblioteca Digitais de Teses e Dissertações da USP
Tipo: Dissertação de Mestrado Formato: application/pdf
Publicado em 08/04/2013 Português
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36.2%
Estreia, na Constituição Federal de 1988, de forma expressa, a incidência dos princípios da ampla defesa e do due process no processo administrativo, consagrando, pois, a presença efetiva do modelo Estado de Direito a emoldurar e balizar a atividade desenvolvida pelo Poder Público. Considerando, destarte, que o Estado atua não apenas por intermédio de atos administrativos isolados, mas também por via de processos, cada dia mais complexos, demandando um particular debruçar por parte dos analistas, pareceu-nos oportuno o estudo da incidência da teoria das nulidades em sede de processos administrativos. A perspectiva deste estudo, sem abandonar a teoria da invalidez dos atos administrativos, busca o aprofundamento no domínio da ocorrência de fatores que possam conduzir à nulidade e invalidade do processo administrativo tanto geral, como disciplinar perquirindo as condições necessárias para assegurar aos processos trâmites regulares, afastando os vícios e mantendo-os sempre no campo da legalidade. A perspectiva do trabalho, destarte, busca recolocar tema tão polêmico em debate e, sob a lente da investigação científica, apresentar, de modo sistematizado, as doutrinas, as teses desenvolvidas e a jurisprudência construída de modo a assegurar a evolução do tratamento jurídico oferecido ao processo administrativo para o efetivo atingimento de suas finalidades públicas. Ao administrado...

Bulgaria - Reforming the regime of states fees

World Bank
Fonte: World Bank Publicador: World Bank
Português
Relevância na Pesquisa
36.21%
The Government of Bulgaria requested the World Bank to analyze the legal, institutional and administrative framework for setting state fees and provide recommendations based on good international practice. How big is the problem compared to the many other issues the government wants to reform in order to improve the business climate in Bulgaria? So far there are no comprehensive studies of the level of administrative fees in the European Union (EU) area. Such studies would be of great value to assess the magnitude of the problem. There are, however, several arguments in support of reforming the regime of state fees in Bulgaria now. Firstly, business associations in Bulgaria agree also confirmed by a recent unpublished government report - that state fees at the central level became an uncontrolled area in which authorities apply their own judgment and interests without considering the impact on businesses often to the disadvantage of the private sector. Secondly, if the Government of Bulgaria (GoB) does not curb the current regime system...

Administrative Capacity in the New EU Member States : The Limits of Innovation?

Verheijen, Tony
Fonte: Washington, DC: World Bank Publicador: Washington, DC: World Bank
Português
Relevância na Pesquisa
36.2%
This study considers key aspects of administrative performance in three areas related to policy, people, and systems. First, in the field of policy, the study addresses issues of performance management, strategic planning and policy coordination and formulation. Second, as regards people, the study reviews human resource management practices such as recruitment and career management, incentive systems and politico-administrative relations with the aim of assessing the extent to which public administrations in the EU8 can attract and retain high quality staff in the context of rapidly changing labor markets. Finally, in relation to systems, the study looks into one specific aspect of public service delivery, namely the extent to which states have introduced e-Governance systems and used these effectively to enhance the business environment. A benchmarking exercise was conducted in each of the key aspects studied. A specific aim of the study was to identify examples of good practice within the region which might be replicable in other EU8 countries. This study reviews the direction of administrative development in the first two years of EU membership in the EU8 and includes a review of general trends in administrative development as well as a benchmarking exercise for a sample of states on selected criteria that illustrate capacity for public management innovations. The study will draw conclusions on ways to address the identified issues and problems in the development of the public management systems of the EU8...

Decentralization and the Provision of Public Services : Framework and Implementation

Kim, Aehyung
Fonte: World Bank, Washington, DC Publicador: World Bank, Washington, DC
Português
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36.22%
This paper discusses decentralization (administrative, fiscal and political) of government in public service provision. It aims to facilitate understanding among practitioners, policy makers, and scholars about what decentralization entails in practice compared to theory. A review of the empirical literature and experience of decentralization is presented. The paper highlights issues that policy makers in developing and transitional countries should be aware of when reforming government, considering their unique political and economic environment. The author argues that decentralization produces efficiency gains stemming from inter-jurisdictional competition, enhanced checks and balances over the government through voting at the subnational level, and informational advantages due to proximity to citizens. By contrast, arguments against decentralization include the risk of an increased level of corruption, coordination problems stemming from multiple layers of government, low capacity of subnational government...

How-to Note : A Framework to Assess Administrative Decentralization

World Bank
Fonte: World Bank, Washington, DC Publicador: World Bank, Washington, DC
Português
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36.29%
Local governments need to be endowed with administrative autonomy to be able to respond to local needs effectively. The purpose of this note is to clarify components of a well-designed administrative decentralization system and to assist task teams and stakeholders to assess administrative decentralization effort in any given country. There are two main components of an administrative decentralization system: discretion allowed to the local government to direct the business of the local government, and mechanisms to hold the local government accountable for appropriate use of this discretion. The objective of this note is to explain the importance of each of these components. The note also illustrates how these components should be put into practice. Challenges and good practices in implementations in various developing countries are highlighted. The review of study countries shows that local governments in the Philippines and Kerala have the authority to engage in all kinds of procurement contracts.

Local Government Discretion and Accountability : Application of a Local Governance Framework

World Bank
Fonte: Washington, DC Publicador: Washington, DC
Português
Relevância na Pesquisa
36.4%
This report evaluates the framework of decentralization reforms instituted in decentralizing countries. Decentralization is a multi-faceted process which includes giving discretion to local governments and establishing accountability mechanisms at three different levels of governance: political, administrative and fiscal. Therefore, the analysis of the decentralization reforms should also be based on an inter-disciplinary approach. The report applies this framework to ten countries and two sectors and uses the case studies as the primary data collection tool. These case studies provide detailed contextual analysis of the political, administrative and fiscal aspects of decentralization. The countries identified for the case studies are Angola, Ethiopia, Tanzania, Uganda, Kerala/India, Philippines, Guinea, Burkina Faso, Rwanda and Punjab/Pakistan. The sectors identified are health and education. The review of these case studies suggests that most of the local governments do not fare well on many assessment criteria of well-designed decentralization. In addition to the insubstantial discretion available to the local governments...

Financing of Panchayati Raj Institutions in World Bank-Financed Operations

World Bank
Fonte: Washington, DC Publicador: Washington, DC
Português
Relevância na Pesquisa
36.28%
The Government of India (GOI) is committed to strengthening Panchayati Raj Institutions (PRI) with a concerted effort to integrate and secure a central role for the village to district-level governments in World Bank-financed operations. The World Bank is actively seeking ways of achieving a greater degree of internal coherence between Bank-financed operations and consistency with the GOI approach to decentralization. With these objectives as backdrop, the report financing of panchayati raj institutions in World Bank-financed operations provides advice to World Bank task teams and clients for designing appropriate fiduciary mechanisms for PRI financing, ones that are consistent with the GOI constitutional framework and comply with World Bank operational policies and procedures. The report uses findings from a mapping exercise of ongoing Bank-financed operations in Panchayati Raj Institutions, analyzing the public financial management and accountability (PFMA) and procurement arrangements to determine what has or has not worked well and whether any can be replicated or mainstreamed. The report also covers the efficiency issues of panchayati raj institutions dealing with multiple financing sources with a resulting heavyload of reporting requirements; the extent to which existing PRI systems are being utilized or could have been utilized...

Local Service Delivery in Nepal

World Bank
Fonte: Washington, DC Publicador: Washington, DC
Português
Relevância na Pesquisa
36.19%
The effectiveness of public service delivery depends in large part on the capability, resources and inputs, and the motivation of frontline service providers at the local level. In Nepal a combination of de-concentrated line agencies and local bodies at the district, municipal, and village level provides inputs which are translated into delivery of service outputs and outcomes. Yet the relationships between line agencies and local bodies in service delivery are not well understood. The purpose of this report is to examine in detail the current dynamics of frontline service delivery to identify institutional limitations and present approaches to addressing them. This study seeks to map out the dynamics of service delivery at the local level through analysis of the institutional framework and actual practices in service delivery in 14 jurisdictions in the two districts of Dhankuta and Dhanusa. The study includes a detailed review of the provision of local roads networks and primary and lower secondary education. In this context...

Defining, Measuring, and Benchmarking Administrative Expenditures of Mandatory Social Security Programs

Sluchynsky, Oleksiy
Fonte: World Bank, Washington, DC Publicador: World Bank, Washington, DC
Tipo: Trabalho em Andamento
Português
Relevância na Pesquisa
36.25%
This study provides a framework for comparison and benchmarking of administrative expenditures of public and private social security programs. The paper presents the genesis of the inquiries into the subject, reviewing some of the most relevant literature on administrative expenditures and the costs of mandatory programs produced over the past two decades. The quantitative analysis builds on the extensive body of literature, but our framework evolved considerably from earlier studies. Our dataset includes over 100 observations and a broad set of explanatory variables. The authors developed and compared a number of standardized cost indices discussing their advantages and limitations. The author also discusses major cost components and their shares in total program costs. The analysis explains over 90 percent of variation in administrative expenditures. It confirms some of the hypotheses expressed in the earlier studies and presents new evidence of driving factors for costs. The author developed three different specifications for statistical analysis. The first set looks at the impact of design of a program on total costs. The second group of specifications assesses differences in costs of managing pension liabilities between the public and private mandatory pension schemes. Finally...

Developing a theoretical framework for the delineation of administrative boundaries within a rural context

Escobar Martínez, Francisco Javier; Eagleson, Serryn; Williamson, Ian
Fonte: Universidade de Alcalá Publicador: Universidade de Alcalá
Tipo: Conferência ou Objeto de Conferência Formato: application/pdf
Português
Relevância na Pesquisa
36.18%
One of the major problems limiting the integration, comparison and transfer of data within Spatial Data Infrastructures (SDIs) worldwide is the current arrangement of administrative boundaries. Many of these boundaries have been created by individual agencies to meet their own specific needs with very little coordination. Due to this lack of coordination, current technologies for analysing geospatial information, such as Geographic Information Systems (GIS), cannot provide accurate results. As a result, there is a fragmentation of information over a series of boundary units. This fragmentation of information not only limits the potential uses for data collected but also the potential scope of GIS analysis possible between boundary layers. This paper forms part of an ongoing research project. To date the issue of structuring metropolitan boundaries has been addressed and widely published. In contrast, this paper focuses on providing a theoretical framework for improving the structure of administrative boundaries within the rural environment.

Strengthening China's Environmental Protection Administrative System : Analysis and Recommendations

World Bank
Fonte: Banco Mundial Publicador: Banco Mundial
Tipo: Economic & Sector Work :: Policy Note; Economic & Sector Work
Português
Relevância na Pesquisa
36.42%
The Chinese economy has experienced an unprecedented 30-year period of economic growth and development that has delivered enormous social and economic benefits to the people but has had seriously adverse and continuing effects on the state of the environment. The government is well aware of the problem. Over the last five to ten years, environmental objectives have become increasingly important in priorities set under successive national five-year plans. To address these problems, the government has provided increasingly large infusions of capital and implemented a series of administrative reforms. Notwithstanding all these actions, the state of the national environment continues to deteriorate, and further action is clearly needed. This policy note focuses particularly on continuing issues related to the operations of the Ministry for Environmental Protection (MEP), including the legal framework under which it operates and its operational relationships with other agencies at the national level and with its counterparts at lower levels of government. This focus is justified given that MEP's effectiveness is critical to the effectiveness of the government's overall environmental objectives. Without an effective MEP...

Local Government Discretion and Accountability : A Local Governance Framework

World Bank
Fonte: Washington, DC Publicador: Washington, DC
Tipo: Economic & Sector Work :: Other Public Sector Study; Economic & Sector Work
Português
Relevância na Pesquisa
36.43%
This economic and sector work (ESW) report presents an analytical framework of local governance through the lens of accountability. It intends to establish a methodological basis for analyzing linkages between decentralization and accountability and is based on desk reviews and interviews. The main objective of this report is to present a coherent and comprehensive approach for decentralizing countries to achieve a high degree of local government discretion accompanied by robust accountability mechanisms. This report, which is a direct response to this growing interest, presents various social accountability mechanisms that could complement public sector accountability approaches. It also highlights the operational challenges the Bank's projects on local governance reform must often confront. Accordingly, the findings of this ESW provide, in one comprehensive framework, guidance on both macro policy-making and implementation of decentralization reforms.

Administrative Barriers to Foreign Investment in Developing Countries

Morisset, Jacques; Lumenga Neso, Olivier
Fonte: World Bank, Washington, D.C. Publicador: World Bank, Washington, D.C.
Tipo: Publications & Research :: Policy Research Working Paper; Publications & Research
Português
Relevância na Pesquisa
36.23%
Recent international experience has shown that excessively complex administrative procedures, required to establish, and operate a business, discourage inflows of foreign direct investment. The authors present a new database on the administrative costs faced by private investors in 32 developing countries. The database is much more comprehensive than the existing sources, as it contains not only information on general entry procedures, such as business and tax registration, but also captures regulation on land access, site development, import procedures, and inspections, The data include measures on the number of procedures, direct monetary costs, and time. The cost of administrative procedures vary significantly across countries. The most important barriers appear to be the delays associated with securing land access, and obtaining building permits, which in several countries, take more than two years. Countries that impose excessive administrative costs on entry, tend to be equally intrusive in firm operations...

Critical Administrative Constraints to Service Delivery : Improving Public Services in Afghanistan's Transformational Decade

World Bank
Fonte: Washington, DC Publicador: Washington, DC
Tipo: Publications & Research; Publications & Research :: Working Paper
Português
Relevância na Pesquisa
36.24%
Since 2001, the Afghan population's access to basic services has greatly improved in nearly all sectors. School enrolment has increased sharply, with over eight million children currently enrolled in school, of which 39 percent are girls. Current strategies for improving sub-national service delivery focus on delegating greater authority to provincial and district administrations. This report aims to identify administrative constraints in three key sectors of public service delivery, education, health and agricultural extension services. The analysis follows the service delivery chain, from central to provincial, through district to community level, and is particularly concerned to examine service delivery in these three sectors through the window of sub-national governance and its relations to the service delivery mandates of line ministries. The study provides the Government of Afghanistan with recommendations on how to alleviate critical constraints to service delivery at sub-national levels on a sustainable basis...

Kyrgyz Republic Public Expenditure Review Policy Notes : Public Investment Management

World Bank
Fonte: Washington, DC Publicador: Washington, DC
Tipo: Economic & Sector Work :: Public Expenditure Review; Economic & Sector Work
Português
Relevância na Pesquisa
46.28%
Weaknesses in the public investment management (PIM) system may limit the gains from higher public sector investments in the Kyrgyz Republic. Capital spending has averaged 6.4 percent of GDP since 2010, up from 4.6 percent of GDP between 2005 and 2009, with significant investment in the energy sector and roads. Still, it remains unclear to what extent these investment decisions reflect the country's and sector priorities. Few projects, with the exception of donor-financed projects are subject to rigorous appraisal and there is no systematic procedure in place to monitor implementation progress. As a result, projects are often delayed or stalled and cost over-runs are frequent. Donor-financed projects, which comprise the bulk of public investment, are subject to relatively more rigorous project cycle management; however, they too face some of the same weaknesses. The rest of the note is structured as follows: section two provides a diagnosis of the public investment portfolio, including the structure of expenditures...

Bulgaria - Administrative and regulatory barriers to business

World Bank
Fonte: World Bank Publicador: World Bank
Tipo: Economic & Sector Work :: Pre-2003 Economic or Sector Report
Português
Relevância na Pesquisa
36.38%
The present report on the Administrative and Regulatory Barriers to Business is part of an ongoing World Bank analytical and advisory support to the Government of Bulgaria in the area of regulatory reform. Since 2006, the World Bank has provided analytical and advisory support to the government in this area. In 2007, the Bank reviewed administrative procedures in the tourism, food, and road transportation sectors, calling for reduction and simplification of certain burdensome administrative regimes and emphasizing superfluous regulation at the municipality level. This report aims to identify ways in which Bulgaria can further remove obstacles to business regulation, recognizing that achieving pre-crisis growth levels, raising labor productivity and improving the business environment will require continued reforms to eliminate administrative and regulatory barriers to business. The report serves three purposes, such as: 1) providing the economic backdrop and comparators of Bulgaria's regulatory environment; 2) reporting on survey results including assessments by and perceptions of senior managers of Bulgarian enterprises; and 3) identifying strategic reform recommendations...

Bulgaria - Ex-post impact assessment of the act on limiting administrative regulation and administration control on economic activity

World Bank
Fonte: World Bank Publicador: World Bank
Tipo: Economic & Sector Work :: Pre-2003 Economic or Sector Report
Português
Relevância na Pesquisa
36.43%
The ex-post impact assessment of the Limiting Administrative Regulation and Administrative Control on Economic Activity Act (LARACEAA) is part of the World Bank's support to the Government of Bulgaria through on-going analytical and advisory work in the area of regulatory reform. The purpose of the present ex-post impact assessment of the LARACEAA is to: (i) assess how the Act has been enforced, (ii) identify and estimate the impacts of the Act, and (iii) provide recommendations for amendments to the Act. Chapter one emphasizes the importance of the Act as part of the Bulgarian Government's role in advancing regulatory reform and improving the business environment; gives the scope of the assessment and presents the sources of information utilized; and delineates general limitations of the analysis. Chapter two outlines a policy framework by discussing coherence with the Governmental and European Union (EU) policies, as well as touching upon relevant documents on regulatory reform, followed by analysis of the goal and objectives of the Act...

Decentralization, Democracy, and Development : Recent Experience from Sierra Leone

Zhou, Yongmei
Fonte: World Bank Publicador: World Bank
Tipo: Publications & Research :: Publication; Publications & Research :: Publication
Português
Relevância na Pesquisa
36.3%
In 2004, the government of Sierra Leone opted for a rethink of its national governance arrangement by embarking on the resuscitation of democratically elected local government after 32 years experimenting with central government appointed district and municipal governments. The decision by the government and the people of Sierra Leone was driven by a primary consideration to address the country's seeming nonperformance in the areas of citizens' participation in governance and responding to the needs of citizens as it relates to attainment of the Millennium Development Goals (MDGs) as well as ensuring poverty reduction in the country. This book is a retrospective of the decentralization reform process in Sierra Leone from 2003-07. During this period, the Government of Sierra Leone (GoSL) reestablished elected district and urban councils across the country, transferred certain responsibilities for primary services and local investment and some financial resources to the new councils, and invested heavily in building the administrative infrastructure and capacity of the local councils. The author is partners who were intimately involved in the reform. Through recording various aspects of the process and reflecting on the observations and learning during that time...

Uganda : Country Financial Accountability Assessment

World Bank
Fonte: Washington, DC Publicador: Washington, DC
Tipo: Economic & Sector Work :: Country Financial Accountability Assessment; Economic & Sector Work
Português
Relevância na Pesquisa
36.17%
This Country Financial Accountability Assessment provides a well-informed and objective assessment, a diagnosis of problems, advice on their resolution, and an indication of the level of financial accountability risk in Uganda.. The report is structured as follows. Although, Uganda has a relatively well established legal and institutional framework for public sector financial management and accountability that is underpinned by the Constitution 1995, the Public Finance Act 1964 and the Treasury Accounting Instructions (Part I 1991 and Part II 1968). Section 1 of the report suggests that the present framework requires updating and strengthening and recommendations have been included to address the identified deficiencies. Section 2 of the Report contains proposals for further enhancing the budget and expenditure control system. Many of the incidences reported by the Auditor General point towards fraud, embezzlement and a waste in the use of public resources that exemplify the risks in budget execution. It also appears that insufficient attention is paid by Accounting Officers to their fiduciary responsibilities...

Governance of Communicable Disease Control Services : A Case Study and Lessons from India

Das Gupta, Monica; Khaleghian, Peyvand; Sarwal, Rakesh
Fonte: World Bank, Washington, DC Publicador: World Bank, Washington, DC
Tipo: Publications & Research :: Policy Research Working Paper; Publications & Research
Português
Relevância na Pesquisa
36.25%
The authors study the impact of governance and administrative factors on communicable disease prevention in the Indian state of Karnataka using survey data from administrators, frontline workers, and elected local representatives. They identify a number of key constraints to the effective management of disease control in India, in misaligned incentives, and the institutional arrangements for service delivery. The authors discuss these under five headings: administrative issues; human resource management; horizontal coordination; decentralization, community involvement, and public accountability; and implementation of public health laws and regulations. They find that India's public health system is configured to be highly effective at top-down reactive work, such as bringing disease outbreaks under control, but not for the more routine collaborations required for proactive disease prevention. The authors conclude with policy recommendations that take into account the complexity of India's system of public administration and the need for simple reforms that can be easily implemented.