Em um contexto de crescimento do volume de transferências de recursos públicos para entidades do terceiro setor e, ainda, de aumento do número de parcerias do Estado com tais entidades, cresce também a importância do controle estatal sobre as suas políticas de fomento e sobre a aplicação dos recursos transferidos. Paralelamente, a mídia, os órgãos estatais de controle e a academia jurídica manifestam preocupações com a corrupção na destinação desses recursos e com a ineficiência no seu emprego. Todos ainda enfrentam o desafio de fortalecer o terceiro setor, simultaneamente ao fortalecimento do controle do fomento estatal. A legislação federal brasileira, contudo, ainda não trata do assunto com o devido cuidado. Há um descompasso entre a importância do tema para o país, de um lado, e a insuficiência da legislação que o rege, de outro. Com este pano de fundo, esta tese descreve, primeiramente, qual é o direito vigente em matéria de controle estatal das transferências de recursos públicos da União para o terceiro setor. Em segundo lugar, aponta alguns dos principais problemas deste direito. Finalmente, sugere soluções para o seu aperfeiçoamento. Como ponto de partida para essas três vertentes de investigação...

We consider free time optimal control problems with pointwise set control constraints u(t) ∈ U(t). Here we derive necessary conditions of optimality for those problem where the set U(t) is defined by equality and inequality control constraints. The main ingredients of our analysis are a well known time transformation and recent results on necessary conditions for mixed state-control constraints. ©2010 IEEE.

This article compares the control of the ‘strong’ Indonesian state and the ‘weak’ Solomon Islands state over commercial timber companies, focusing in particular on the capacity to enforce environmental rules for natural forest harvests. While remaining sensitive to the differences between the two countries, it shows that in both cases a key reason for commercial forest mismanagement is weak state control over the environmental practices of timber companies. As a result, in both countries destructive loggers have pushed production well over sustainable levels. At these rates, commercial primary forests will disappear in the Solomon Islands in about a decade; and in Indonesia in about three decades. This challenges the conventional view of Indonesia as an immutably strong state. It also suggests that discussions of state capacity must remain sensitive to differences across sectors and time, especially since some issues, such as the environmental management of natural resources, appear to circumvent the generalizations of weak and strong states, making most developing states appear weak.; no

Introduction : This chapter forms part of a larger project examining governance ‘beyond the regulatory state’. Governance has been defined in a variety of ways in both official and secondary literatures. In this chapter the ‘age of governance’ is conceived in terms of recognizing the dispersal of capacities and resources relevant to the exercise of power among a wide range of state, non-state and supranational actors. An analysis in which governance is no longer seen as the exclusive prerogative of the nation state presents a challenge to the literature which argues that the last years of the twentieth century witnessed ‘the rise of the regulatory state.’ (Majone 1994). In this chapter three core assumptions of the regulatory state movement are scrutinized using theoretical and empirical literatures which challenge one or more of these central ideas: regulation is instrumental in character; the state is necessarily central to regulatory governance; state law is a central instrument of regulatory governance. Each of these assumptions has a descriptive and a normative dimension, both of which are assessed in the critique. The objective of the analysis is not wholly to dispense with the assumptions but rather to act as a corrective to an influential literature which...

The state-owned enterprise (SOE) landscape has become increasingly diverse. There used to be some relatively well-defined criteria, but with the growing complexity of state participation in the economy, there is no longer a uniform definition, and especially because the definition of a SOE has always been country-specific. SOE reforms can have major positive impacts not only by reducing fiscal risks by decreasing hidden subsidies, direct transfers, and overstaffing, but also by strengthening competition and developing capital markets. SOE reforms in developing countries began in the 1960s because of the poor performance of many of the SOEs. The reform movement sought to strengthen the internal capacity of SOEs. To enrich the discussion about possible avenues for performance-enhancing SOE reforms, this report presents the main principles of good governance of SOEs with references to the Organization for Economic Co-operation and Development (OECD) guidelines on corporate governance of SOEs (OECD 2005). This document is divided into six parts: (1) an effective legal and regulatory framework for SOEs; (2) the state as an owner; (3) equitable treatment of shareholders; (4) relations with stakeholders; (5) transparency and disclosure; and (6) the responsibilities of the boards of SOEs.

Journal of Guidance, Control, and Dynamics, v.. 25, 2002 ; pp. 160-166; A Chebyshev pseudospectral method for directly solving a generic Bolza optimal control problem with state and control constraints. This method employs Nth-degree Lagrange polynomial approximations for the state and control variables with the values of these variables at the Chebyshev 'Gauss 'Lobatto (CGL) points as the expansion coefficients. This process yields a nonlinear programming problem (NLP) with the state and control values at the CGL points as unknown NLP parameters. Numerical examples demonstrate that this method yields more accurate results than those obtained from the traditional collocation methods.; NA

Proceedings of the 10th Mediterranean Conference on Control and Automation -- MED 2002 , Lisbon, Portugal, July7 9-12, 2002; To facilitate generation of real-time solutions to nonlinear optimal control problems, we present a new way of approximating higher-order derivatives that arise in control systems. A Legendre pseudospectral method is presented to efficiently and accurately discretize optimal control problems governed by higher-order dynamical constraints. For mechanical systems, a reduction in the number of unknown variables is immediately realized as a consequence of Newton's second law of motion which is of second order. The reduction in the size of the problem facilitates rapid solutions from nonlinear programming solvers. A rocket launch problem illustrates the differences in using standard state space first order forms and second-order forms. The numerical results show that the second-order form generates faster results with increasing relative computational speed for increasing grid points.; NA

In this paper, intelligent control of a particular Catalytic Continuous Stirred Tank Reactor (CSTR) is addressed. Control command is the sum of two components: steady state and transient commands. A fuzzy controller generates a transient control command that pushes the system towards the setpoint. A steady state control command is generated to maintain the steady state situation at the setpoint (based on the concept of 'control equilibrium point'). For comparison, a case study was also controlled by the neuro-predictive algorithm. The studied CSTR is known as a good example of a neuro-predictive control application; however, the newly proposed hybrid intelligent method leads to much better setpoint tracking as well as less change in control command (which is very important in implementation of the control system).; Morteza Mohammadzaheri and Lei Chen

The study, an institutional, and governance review of Bolivia, describes the transformation of the country's political economy as of the 1980s, the aim for consistent macroeconomic stability, and, the consolidation of the democratic political regime. However, despite a number of bold reforms to develop market-oriented systems, and in contrast with government efforts, the quality of public services remained low. Namely, because public sector reforms were not implemented, and because of symptomatic institutional weaknesses; for although assistance was provided to modernize the civil service, and improve public administration, the lack of government commitment to a changing program focus, precluded noticeable results. The current reform agenda has identified the need for state modernization, governance and accountability, and judicial reform, addressed within the National Integrity Plan, to combat corruption, and other symptoms of public sector dysfunction. The study presents a blunt vision of Bolivian public administration...

The report focuses on the system of financial oversight and governance of state-owned enterprises in Ukraine. State-owned enterprises (SOEs) continue to represent a significant share of Ukraine's economy, and play a dominant role in sectors such as rail, transport, utilities, energy and telecommunications. These enterprises play an important role for the government by remitting dividend payments to the national treasury to fund the country's development agenda. At the same time, these same enterprises government receive fiscal support through a transfer of budgetary resources, issuance of guarantees for enterprise debt, facilitation to lines of credit, and other financial instruments. Ukraine's SOE sector has a wide range of ownership and management schemes. The basic legal framework for SOE oversight, defined in the Commercial Code of Ukraine, provides for the delegation of responsibilities across several ministries/agencies. As a result, there are overlapping roles across different government institutions...

This study builds on a previous study from the raw materials group, a Sweden-based minerals consultancy, originally commissioned by the World Bank in 2008. The trend toward more state engagement in the mining industry as noted in the 2008 study has continued, based on more recent developments. This study includes an expanded section on the new forms of state control which are found in Africa and also in Russia, China, India, and other emerging economies. It lays out the possible political implications of these trends and draws lessons from previous periods of increasing state ownership, including how to avoid previous mistakes. Various metals and the history of nationalization in a number of countries are analyzed as are the possible factors influencing the decision to nationalize, such as the sector's strategic importance and the need to control it. China's role in investing in Africa is discussed noting the issues concerning negotiation strategies, looking at the history of deals made in Sub-Saharan Africa. State ownership is defined in detail in appendix one of this document. A consolidated list of state ownership in mining of selected minerals and mineral refining on which the study is based is presented in appendix two.

This policy note is part of the World Bank's Programmatic Public Expenditure Review (PER) work program for FY2012-2014. The PER consists of a series of fiscal policy notes, which aim at providing the Government of Tajikistan with recommendations to strengthen budgetary processes and analysis. This policy note, the fifth in the series continues the fiscal policy dialogue conducted in the previous notes. It is structured as follows. Chapter 2 reviews the role of state-owned enterprises (SOE) in Tajikistan's economy and identifies key issues. Chapter 3 assesses the fiscal risks posed by SOEs, especially those in the energy sector. Chapter 4 puts forth possible solutions. Chapter 5 summarizes the main conclusions of this note: 1) despite privatizations and attempts at restructuring, Tajikistan still has a large, inefficient, and heavily indebted public sector; 2) the lack of comprehensive information about the sector undermines budget credibility and budget integrity; 3) multiple but uncoordinated functions...

The author reviews the state of thinking on the governance role of state ownership. He argues that a gradual transfer of operational control and financial claims over state assets remains the most desirable goal, but it needs to be paced to avoid regulatory capture, and the capture of the privatization process itself. In addition, the speed of transfer should be timed on the progress in developing a strong regulatory governance system, to which certain residual rights of intervention must be vested. In many countries institutional weakness limits regulatory capacity and reliability, yet the author's conclusion is that in such environments, maintaining state control undermines the very emergence of institutional capacity, and so the balance should tip toward progressively less direct state control. After all, what are "institutions" if not governance mechanisms with some degree of autonomy from both political and private interests? The gradual creation of institutions partially autonomous from political power must become central to the development of an optimal mode of regulatory governance. The author offers some suggestions about creating maximum accountability in regulatory governance...

El documento inicia con un análisis general del control como proceso articulador de los fines del Estado. Sigue una valoración del triángulo de poderes que rigen en Colombia, estos son: Control Fiscal, Administrativo y el Sistema Penal Acusatorio. Posteriormente, algunos de los casos mediáticos más sonados en Colombia, durante los últimos 10 años: la intervención de la mayor captadora ilegal de dinero DMG, que generó pérdidas millonarias en todos los sectores de la población colombiana, donde se involucraron parte importante de los organismos de control, principalmente las Superintendencias Financiera y de Sociedades y la Fiscalía, el fenecimiento del Sistema de Información para la Vigilancia de la Contratación Estatal - SICE de la CGR, que le costó al país millones de dólares; termina con la demostración de la tesis sobre la dirigencia del control que no protege el bien común, sino sus propios intereses.; The paper begins with an overview of the process control and articulating the goals of the State. Following a review of the triangle of power that govern Colombia, these are: Fiscal Control, Administrative and accusatory penal system. Subsequently, some of the most notorious cases in Colombia media during the past 10 years: the intervention of the biggest illegal money scavenging DMG...

En Colombia, se ha convertido en un grave problema de índole social y economico, la consecución de los medicamentos para el tratamiento de enfermedades de alto costo,y en general para casi todos los medicamentos, los cuales están determinados por un sinnúmero de factores que afectan su precio entre los cuales tenemos: La normatividad existente en el país que otorga unos privilegios exagerados a las farmacéuticas internacionales y nacionales que producen y comercializan estos medicamentos, el poco o casi nulo control estatal en la regulación de estos precios, a pesar que existen las entidades y organismos para su control,como el Ministerio de Salud y la Comisión Nacional de Precios de Medicamentos y Dispositivos Médicos (CNPMDM) , la ley 100 de 1993 que regula la salud en Colombia y que ha creado un sistema más mercantilista que de verdadero servicio social del acceso a la salud en el país,el recobro del precio de los medicamentos por parte de las EPS,el cual es tres y cuatro veces mas caro de lo que ha ordenado la CNPMDM,lo cual ha diesmado el presupuesto de la salud,siendo este recobro uno de sus factores mas determinantes, la coadministración del sistema de salud en Colombia por parte de la rama judicial, ya que el único mecanismo que tienen los pacientes es a través de la acción de tutela para obtener los medicamentos y tratamientos contemplados y no contemplados en el POS. Los diferentes tratados y acuerdos comerciales suscritos por Colombia...

The present work addresses the State and Social Policy and has as objective investigate how social policy can be considered a form of control of the social-metabolic capital through the activity of the state. To do so, based on the Marxian analysis of the ontological foundations of the state, conducting a study of the socio-historical emergence of the state and its social function as well as the development of the modern state - as the typical capitalism - form of state and its different forms of action, and how nature has to perform its social function. In this direction, performs an analysis on the order of reproduction of capital and the role of the state as a political command structure aimed at defending the interests of capital, complementing it so essential for the maintenance of order socio-metabolic. It also addresses the "social question" and its main dimensions to understand how they originate and develop social policies - as a form of state action in response to their expressions. So, doing a historical restoration of proto-forms of social policies, we seek to capture its ontological foundations, analyzing the process of consolidation during the period of monopolistic capitalism - its highest expression the "Welfare State" - and its social function in the system s social-metabolic capital. It also examines the nature of capital's structural crisis and its determinations...

La légitimité de l'État du port de contrôler la navigabilité des navires s'appuie, en outre, sur les difficultés que rencontrent les propriétaires de navire, les États du pavillon ainsi que les sociétés de classification de faire respecter les normes de sécurité internationales. Par ailleurs, l'État du port s'est imposé comme intervenant grâce à des assises légales notamment par son statut recoupant celui de l'État côtier, par sa reconnaissance dans les conventions internationales ainsi que par la mise en place de mémorandums d'entente régionaux. Enfm, l'impact du contrôle par l'État du port peut constituer la justification de son avènement. Cet impact peut être analysé par une étude quantitative, par une appréciation de l'opinion des professionnels du milieu, el: enfin, par une analyse des implications légales de ce contrôle en droit privé notamment sur les contrats de transport, d'affrètement et de vente de navire.; The legitimicy of Port State control is based on difficulties which ship owners, Flag States and classification societies meet in their control of security standards of ships. Further, the port State has imposed itself as a new maritime player based on different legal basis such as its Coastal States status...

Efficient control of power systems is becoming increasingly difficult as they gain in complexity and size. We propose an automatic control strategy that regulates the mechanical power output of the generators in a power grid based on information obtained via a communication infrastructure. An algorithm that optimizes steady-state stability of a power grid by iteratively adding communication links is presented. The proposed control scheme is successfully applied to the IEEE New England and IEEE RTS 96 power systems, leading to a significant increase in the steady-state stability of the systems and an improvement in their overall robustness. The resulting communication network topology differs significantly from the transmission grid topology. This shows how complex the steady- state control for power systems is, influenced by the generators configuration, the transmission network topology, and the manner by which control is executed.; Comment: Submitted and currently under review in IEEE Transactions on Circuits and Systems - 2

Rapid state control of quantum systems is significant in reducing the influence of relaxation or decoherence caused by the environment and enhancing the capability in dealing with uncertainties in the model and control process. Bang-bang Lyapunov control can speed up the control process, but cannot guarantee convergence to a target state. This paper proposes two classes of new Lyapunov control methods that can achieve rapidly convergent control for quantum states. One class is switching Lyapunov control where the control law is designed by switching between bang-bang Lyapunov control and standard Lyapunov control. The other class is approximate bang-bang Lyapunov control where we propose two special control functions which are continuously differentiable and yet have a bang-bang type property. Related stability results are given and a construction method for the degrees of freedom in the Lyapunov function is presented to guarantee rapid convergence to a target eigenstate being isolated in the invariant set. Several numerical examples demonstrate that the proposed methods can achieve improved performance for rapid state control of quantum systems.; Comment: 15 pages, 5 figures

Variable Horizon Model Predictive Control (VH-MPC) is a form of predictive control that includes the horizon length as a decision variable in the constrained optimisation problem solved at each iteration. It has been recently applied to completion problems, where the system state is to be steered to a closed set in finite time. The behaviour of the system once completion has occurred is not considered part of the control problem. This thesis is concerned with three aspects of robustness and optimality in VH-MPC completion problems. In particular, the thesis investigates robustness to well defined but unpredictable changes in system and controller parameters, robustness to bounded disturbances in the presence of certain input parameterisations to reduce computational complexity, and optimal robustness to bounded disturbances using tightened constraints. In the context of linear time invariant systems, new theoretical contributions and algorithms are developed. Firstly, changing dynamics, constraints and control objectives are addressed by introducing the notion of feasible contingencies. A novel algorithm is proposed that introduces extra prediction variables to ensure that anticipated new control objectives are always feasible...