scholarly journals A RESPONSABILIDADE ADMINISTRATIVA E CIVIL DE PESSOAS JURÍDICAS PELA PRÁTICA DE ATOS CONTRA A ADMINISTRAÇÃO PÚBLICA EM FACE DA LEI Nº 12.846/2013 “LEI ANTICORRUPÇÃO”

Percurso ◽  
2019 ◽  
Vol 2 (29) ◽  
pp. 240
Author(s):  
Horácio MONTESCHIO ◽  
Valéria Juliana Tortato MONTESCHIO ◽  
Giovana Zanete MONTESCHIO
Keyword(s):  
Strategic Planning ◽  
Public Administration ◽  
Legal Order ◽  
Business Practices ◽  
Private Companies ◽  
Public And Private ◽  
The Public ◽  
Administrative Control ◽  
The Relationship ◽  
Clear Objective

RESUMOCom a entrada em vigor da Lei nº 12.846/2013, também conhecida como Lei Anticorrupção, que entre os seus principais dispositivos buscam inovar o ordenamento jurídico pátrio ao disciplinar a responsabilidade administrativa e civil de pessoas jurídicas pela prática de atos contra a administração pública. A importância da legislação sobressai diante da busca de uma nova visão interpretativa e sancionatória com o claro objetivo de alcançar a redução da prática de atos de corrupção, tendo em vista que eliminar tão ignóbil e abjeta prática da realidade brasileira se mostra totalmente impossível. Em face do texto legal recentemente sancionado a Lei nº 12.846/13 passa a exigir que as empresas públicas e privadas venham a se adaptarem às inovações propostas. Como principal consequência da “Lei Anticorrupção” encontra se obrigatoriedade de implantação de mecanismos de prevenção e planejamento estratégico, a fim de monitorarem o relacionamento com a Administração Pública, com o intuito de evitar a aplicação das severas penalidades previstas. Por sua vez, os mecanismos inseridos na Lei anticorrupção tem o escopo de controlar as práticas empresariais, bem como consolidar a integridade das práticas de relacionamento entre as empresas, as quais permitirão alçar um novo patamar de cultura cidadã e ética no âmbito empresarial, que reverterá para toda a sociedade. PALAVRAS-CHAVE: Responsabilidade Civil e Administrativa; corrupção; complience; controle administrativo. ABSTRACT With the entry into force of Law No. 12,846 / 2013, also known as the Anti-Corruption Law, which among its main provisions seek to innovate the legal order of the country by disciplining the administrative and civil liability of legal entities for the practice of acts against the public administration. The importance of legislation stands out in the search for a new interpretive and sanctioning vision with the clear objective of achieving a reduction in the practice of acts of corruption, since eliminating such ignoble and abject practice of the Brazilian reality is totally impossible. In light of the recently enacted legal text, Law No. 12.846 / 13 requires that public and private companies adapt to the proposed innovations. As a main consequence of the "AntiCorruption Law", it is mandatory to implement prevention and strategic planning mechanisms in order to monitor the relationship with the Public Administration, in order to avoid the application of severe penalties. In turn, the mechanisms included in the Anti-Corruption Law have the scope to control business practices, as well as to consolidate the integrity of the relationship practices between companies, which will allow to raise a new level of citizen culture and ethics in the business sphere, which will revert for the whole society. KEYWORDS: Civil and Administrative Liability; corruption; complience; administrative control.

scholarly journals LA VALORACION DE LOS EXPERTOS SOBRE LAS ESTADISTICAS RELATIVAS AL CONOCIMIENTO DE LOS TURISTAS

2021 ◽  
pp. 277-299
Author(s):  
María Pilar Peñarrubia Zaragoza
Keyword(s):  
Information System ◽  
Public Administration ◽  
Private Companies ◽  
Public And Private ◽  
Tourist Behavior ◽  
The Public ◽  
Behavior Based ◽  
Private Management ◽  
Tourist Information

El conocimiento del comportamiento del turista, a partir de la información que generan y recogen tanto administraciones públicas, como privadas, resulta clave para la planificación de los destinos. Por ello, es fundamental conocer la opinión de los expertos al respecto. La realización de entrevistas personales a diferentes actores de la administración pública, la empresa privada y el ámbito universitario ha permitido detectar necesidades y demandas reales de información en relación al comportamiento del turista, así como realizar una reflexión relativa a la necesidad de la formulación de un Sistema de Información Turístico público. Knowledge of tourist behavior, based on the information generated and collected by both public and private management, is key for destination planning. Therefore, in this regard, it is essential to know the experts' opinions. Carrying out personal interviews with different players in the public administration, private companies and the academy has enabled finding actual needs and requirements of information regarding tourist behaviors, as well as reflecting on the necessity of the development of a public Tourist Information System.

scholarly journals Actions that Combat the Disruption of the Moral and Social Code with the Purpose of Favoritism

2015 ◽  
Vol 16 (29) ◽  
pp. 1-4
Author(s):  
Sergio Armando Prado De Toledo
Keyword(s):  
Criminal Justice ◽  
Public Sector ◽  
Private Sector ◽  
Public Administration ◽  
Private Companies ◽  
Public And Private ◽  
The Public ◽  
Social Code ◽  
Public And Private Sector ◽  
Reduction Of Costs

Abstract Currently, corruption has been so generalized and sophisticated that threatens to undermine the own society structure. Corruption is a problem identified in all the countries. What changes is how we deal with it. Nevertheless, why is there so much corruption? Within the group of factors, it is possible to highlight the high bureaucracy that reduces the efficiency of the public administration; the presence of a slow Judiciary Branch which is very low is terms of efficiency, when reprimanding illicit practices that incite everything ending up in pizza (this sentence was literally translated from Portuguese, it does not exist in English, but it means that impunity prevails in Brazil.); the existence of a corporatist sense among the Administration industries in the public sector in relation to the private sector and so facilitating corruption. The penalty for corruption should be constrained to mechanisms that allow the system of criminal justice to carry out actions of arrest, prosecution, penalty and repair to the country. Combating corruption complies with the republican ideal for the reduction of costs in Brazil. Moralizing the public-private relations offers juridical security to the market. The fact that some countries, especially Brazil, are seriously combating against corruption brings hope, with an eye on a more rigid legislation and less bureaucratic as well, with the end of the corporatist sense and the equivalence of salaries between the public and private sector. We shall provide effective criminal, administrative and civil penalties of inhibiting nature for future action; we shall provide cooperation between the law applicator and the private companies; we shall prevent the conflict of interests; we shall forbid the existence of “black fund” at the companies and we shall encouraged the relief or reduction of taxes to expenses considered as bribery or other conducts related

Analytical Capabilities of the Concept of "Competitiveness" in the Study of Public Administration Efficiency

2021 ◽  
pp. 53-68
Author(s):  
Oleh Zubchyk ◽  
Kyrylo Esennikov
Keyword(s):  
Public Administration ◽  
Public And Private ◽  
The Public ◽  
Administrative Efficiency ◽  
Country Competitiveness ◽  
Private Actors ◽  
And Behavior ◽  
Analytical Tools ◽  
The Relationship

The article analyzes various approaches to understanding the effectiveness of public administration, which are in foreign and Ukrainian scientific thought. The purpose of the article is to show that administrative efficiency is a component of the general social efficiency of public administration, so it can be studied with the help of analytical tools of competitiveness. The study found that administrative efficiency is often understood as the effectiveness of the organization and functioning of public administration. Administrative efficiency is also understood as the efficiency of management bodies and officials. The authors emphasize that the principles, criteria and factors of the study of effectiveness are very vague. This affects the objectivity of the reflection of the qualitative result of the activities of the public administration body. The scientific novelty of the study is that the authors offer new tools for the study of administrative efficiency. It competitiveness of the state. “Competitiveness” in the context of studying the effectiveness and efficiency of public administration, the subjects of public administration is not considered deeply in the Ukrainian science of public administration. Moreover, in Ukraine, the effectiveness of public administration is increasingly associated with the competencies of civil servants. The authors do not agree with this position and suggest a deeper analysis, firstly, the relationship between public administration efficiency and the country’s competitiveness and, secondly, a deeper study of the analytical capabilities of the theoretical and methodological construct “competitiveness”. Conclusions. As a result, the authors argue that the task of administrative efficiency as an indicator is to reflect an understanding of the activities of institutions, which depends on the efficiency and behavior of both public and private actors, a legal and administrative basis within which individuals, firms and governments interact. and it determines the quality of public institutions. Keywords: country competitiveness, efficiency, public administration, administration, state policy, concept.

scholarly journals Negotiation of Agreements with Government Agencies as an Approach for More Space and Opportunities for the Private Sector: The Features of the Albanian Reality

2017 ◽  
Vol 8 (1) ◽  
pp. 154-160
Author(s):  
Teuta Balliu ◽  
Artan Spahiu
Keyword(s):  
Private Sector ◽  
Public Administration ◽  
Public Procurement ◽  
Negotiation Process ◽  
Government Agencies ◽  
Private Companies ◽  
The Public ◽  
The Government ◽  
Customs Administration ◽  
The Relationship

Abstract The negotiation as a conversation process between two or more parties to settle a dispute or to reach an agreement is an efficient method and it requires attention not only from the private sector, but also from the public one. Negotiation is evaluated in two aspects, from the success achieved and the relationship created. The result that the negotiated agreement reaches is more convenient compared to that achieved through unilateral administrative acts. Establishing relationships with local and national government is a necessity for the private sector. This means that the negotiating agreements with various state authorities should be part of their daily tasks. This paper explores some features of the negotiation process, in which public administration is a party and also gives some recommendations on the real possibilities that government agencies can provide to private companies as a way for surviving and being successful in these dynamic and complex market. We mainly focused on agreements between representatives of the tax authorities and the debtor taxpayers, and at the Albanian legislation on public procurement, which provides the possibility of negotiation between the contracting authority and the bidder. From the analysis of the negotiated cases of the customs administration we notice a level of scepticism in the government agencies while negotiating with debtor entities, which is evidenced by the small number of signed agreements. However the effect of these agreements is evident because the paid value is about 50% of the total negotiation value. Arrangements based on installments, remission of penalties or interest, the possibility to compromise and defer the duties payment are some of the recommended programs that may be part of the tax administration′ offer to debtor entities.

Fuzzy Lines: Using the Best-Selling Novel to Illustrate the Blurring Boundaries of “Public”

Public Voices ◽  
2017 ◽  
Vol 9 (2) ◽  
pp. 46
Author(s):  
Nolan J. Argyle ◽  
Gerald A. Merwin
Keyword(s):  
Civil Society ◽  
Public Administration ◽  
Public And Private ◽  
Contracting Out ◽  
The Public ◽  
Current Trends ◽  
Civic Community ◽  
Additional Area ◽  
Do So

Privatization, contracting out, and a host of other current trends blur the line between public and private—they create what at best is a fuzzy line. This study examines yet one additional area where the lines between public and private have gotten even fuzzier—the best selling novel. It uses the writings of Tom Clancy and Clive Cussler,two authors whose names on a novel guarantee best-seller status. It will do so in the context of what a civic community and civil society are, and how they relate to the public-private question, a question that has renewed life in public administration.

scholarly journals Preparedness of Young People for a Sustainable Lifestyle: Awareness and Willingness

2021 ◽  
Vol 13 (13) ◽  
pp. 7204
Author(s):  
Anastazija Dimitrova ◽  
Antonín Vaishar ◽  
Milada Šťastná
Keyword(s):  
Young People ◽  
Environmental Issues ◽  
Financial Resources ◽  
Specific Information ◽  
Public And Private ◽  
The Public ◽  
Global Problem ◽  
Sustainable Lifestyle ◽  
Local Companies ◽  
The Relationship

This article discusses the relationship between a consumer lifestyle and the environment. The willingness to adapt to a sustainable lifestyle was tested through a questionnaire among students of Mendel University in Brno, who are theoretically well-informed people. Overall, 417 students answered, i.e., 19% of the respondents. The students generally recognised the need to address environmental issues, and 90.6% intended to change their lifestyle in this direction. Among the barriers, they mentioned in particular lack of time, lack of financial resources, lack of specific information and insufficient conditions. Addressing this issue requires close co-operation in education between governmental and non-governmental organisations in both the public and private sectors. The COVID-19 pandemic has affected the situation in that it has drawn attention to the response of local companies to the global problem.

Administrative elites and the crisis: what lies ahead for the senior civil service in Greece?

2014 ◽  
Vol 80 (4) ◽  
pp. 709-725 ◽  
Author(s):  
Calliope Spanou
Keyword(s):  
Public Administration ◽  
Economic Crisis ◽  
Civil Service ◽  
Civil Service Reform ◽  
The Public ◽  
Administrative Elites ◽  
The Impact ◽  
The Relationship

The nature of the relationship between the public administration and politics and the subsequent role of the administration appear to be incompatible with the emergence of an administrative elite. After analysing the reasons for this incompatibility, the article explores the impact of the measures taken in the wake of the economic crisis on the civil service and its reform, and also the prospects for the development of a senior civil service. The key, and also the challenge, to any change in this direction remains the rebalancing of the relationship between the public administration and politics. Points for practitioners What might interest practitioners is the issue of the conditions of effectiveness of civil service reform in times of economic crisis and significant pressure.

The Moderating Role of Stakeholder Involvement in the Relationship Between Strategic Planning And Service Delivery

2021 ◽  
Vol 9 (10) ◽  
pp. 2451-2464
Author(s):  
Bahati Keranga ◽  
Martin Ogutu ◽  
Zachary Awino ◽  
Winnie Njeru
Keyword(s):  
Strategic Planning ◽  
Service Delivery ◽  
Public Administration ◽  
Boards Of Directors ◽  
Public Management ◽  
New Public Management ◽  
Stakeholder Involvement ◽  
Primary Data ◽  
New Public ◽  
The Relationship

In keeping with the New Public Management dispensation, state corporations in Kenya have taken up strategic planning with a view to effect reforms for improved service delivery. New Public Management particularly advances a customer-centric approach to public administration for improved service delivery, with the public, who are the recipients of public service, as key stakeholders in public administration. Despite this, service delivery in the Agribusiness sub-sector in the country is riddled with inadequacies highlighted by among other complaints, unpaid produce supplies, dwindling finances, slumped agricultural extension services and low produce prices. Against this backdrop, the study set out to establish the effect of strategic planning on service delivery and assess how stakeholder involvement influences the relationship between strategic planning and service delivery among agribusiness state corporations in Kenya. Grounded on the New Public Management and Stakeholder theories, the study adopted the positivism paradigm and the descriptive cross-sectional research design. Targeting 73 state corporations pertinent to agribusiness in the country, primary data was collected by use of a structured questionnaire with institutional heads as the units of observation. Both descriptive and inferential statistics were then employed in data analysis. It was established that strategic planning has a significant positive influence on service delivery. Stakeholder involvement was however found to not have a significant moderating effect on the relationship between strategic planning and service delivery. This was attributed to the technocratic approach in the formulation of the strategic plans among state corporations and the numerically limited nature of most stakeholders in state corporations represented in the boards of directors. Following a significant direct effect of stakeholder involvement on service delivery among Agribusiness state corporations in the country, state corporations are implored to involve stakeholders in strategic planning and observe meaningful participation, communication and dispute resolution in the engagement.

RELIGIÃO, POLÍTICA E EDUCAÇÃO: OU DAS INTERROGAÇÕES SUSCITADAS EM UMA SOCIEDADE "Religion, politics and education: or the questions raised in a society"

2014 ◽  
Vol 5 (9) ◽  
pp. 51
Author(s):  
Verioni Ribeiro Bastos
Keyword(s):  
Public Sphere ◽  
Religious Education ◽  
Educational Needs ◽  
Acute Angle ◽  
Public And Private ◽  
The Public ◽  
Education Politics ◽  
Politics And Education ◽  
The Public Sphere ◽  
The Relationship

Diante da estrutura do sistema de ensino brasileiro no qual encontramos a disciplina, Ensino Religioso, constitucionalmente obrigatória no ensino fundamental das escolas públicas até as Ciências das Religiões nas Universidades Federais brasileiras, busco realizar um diálogo com outras trabalhos usando estes como interrogações para questionar o comum tido como natural, ou seja, a presença do religioso na esfera pública. Somado a isto o debate com autores que discutem a realidade francesa e a narração de dois casos extraídos da  observação participante completam a intenção de apresentar um ângulo mais agudo de refletir sobre a realidade brasileira no que concerne a religião, política e educação, como também, como o público e o privado caminham juntos na mentalidade da população do país. A secularização à brasileira anda a passos lentos e o quadro político-social e educacional do Brasil precisa de menos análises do que está posto e questionar por que o que está posto parece normal e se perpetua por gerações e gerações.Palavras-chave: Laicidade: ensino religioso. Política. Brasil. França.AbstractTaking the ideias of some authors we will try to understand the interconnections between religions and public sphere in Brazil and France. In Brazil we get two exemples of the relationship between public sphere and the religion: the presence of Religious Education and the Science Religions in the brazilian federal universities. In other hand we try to understand how in France we can see the relation between the religions and the public sphere thourgh the eyes of some authors who speak about it using two exemples we will show in this text. Completing the intention to present a more acute angle to reflect on the Brazilian reality with regard to religion, politics and education, as well as public and private walk together in the mindset of the country's population. Secularization Brazilian's slow steps and the socio-political framework and Brazil's educational needs less analysis than is post and question why what's post looks normal and perpetuates for generations and generations.Keywords: Secularism: religious education. Politics. Brazil. France.

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