Uma modelagem de indicadores de desempenho para instituições de ensino superior no Brasil na abordagem do balanced scorecard: um estudo com instituições privadas

This Master of Science Thesis deals with a BSC modeling for higher education institution focusing on private institution in the Brazilian context. It‟s accomplished a literature review in order to understand the BSC and its application to for profit and non for profit organizations and as a main result it is proposed a BSC conceptual model with a new perspective (Government) and a change in the hierarchy of the main BSC perspective equaling financial to customer/society. Taking the national higher education assessment system of Education Ministry indicators a model is deployed and the relations between the indicators are measured with the Pearson correlation coefficient. As a result a model emerges with sound relations of indicators but a improvement in the financial indicators is needed

Tributação, finanças públicas e política fiscal: uma análise sob a óptica do direito e economia

In the Brazilian legal scenario, the study of taxation has traditionally been restricted to positivist analysis, concerned with investigating the formal aspects of the tax legal rule. Despite its relevance to the formation of the national doctrine of tax, such formalist tradition limits the discipline, separating it from reality and the socioeconomic context in which the Tax Law is inserted. Thus, the proposal of the dissertation is to examine the fundamentals and nature of taxation and tax legal rules from the perspective of Law and Economics (Economic Analysis of Law). For this purpose, the work initially reconnects the Tax Law and Science of Finance (or Public Finance) and Fiscal Policy, undertaking not only a legal analysis, but also economic and financial analysis of the theme. The Economics of Public Sector (or Modern Public Finance) will contribute to the research through topics such as market failures and economic theory of taxation, which are essential to an economic approach to Tax Law. The core of the work lies in the application of Law and Economics instruments in the study of taxation, analyzing the effects of tax rules on the economic system. Accordingly, the dissertation examines the fundamental assumptions that make up the Economic Analysis of Law (as the concept of economic efficiency and its relation to equity), relating them to the tax phenomenon. Due to the nature of the Brazilian legal system, any worth investigation or approach, including Law and Economics, could not pass off the Constitution. Thus, the constitutional rules will serve as a limit and a prerequisite for the application of Law and Economics on taxation, particularly the rules related to property rights, freedom, equality and legal certainty. The relationship between taxation and market failures receives prominent role, particularly due to its importance to the Law and Economics, as well as to the role that taxation plays in the correction of these failures. In addition to performing a review of taxation under the approach of Economic Analysis of Law, the research also investigates the reality of Brazilian tax system, applying the concepts developed in relevant cases and issues to the national scene, such as the relationship between taxation and development, the compliance costs of taxation, the tax evasion and the tax enforcement procedure. Given the above, it is intended to lay the groundwork for a general theory of Economic Analysis of Tax Law, contextualizing it with the Brazilian tax system

A função social do contrato como concretização de direitos fundamentais nas relações privadas

This dissertation deals with the social function of the contract, based on constitutional principles, especially those relating to fundamental rights. The social function of the contract (general clause) is described in the Civil Code so intentionally generic, no precise criteria to define it. Because of the fluidity of this principle, it is justified its closer study, seeking to assess its various meanings and looking away from the legal uncertainty that an unlimited conceptual vagueness can cause. The social function of the contract arises from a transformation experienced in private law from the inflows received from the Constitutional Law, the result of an evolutionary process by which it became the state structure, leaving the foundations of the classical liberal state and moving toward a vision guided by existential human values that give the keynote of the Welfare State. Arose, then the concern about the effectiveness of fundamental rights in relations between individuals, which is studied from the inapplicability of fundamental rights in private relations (U.S. doctrine of State action), passing to the analysis of the Theory of indirect horizontal effect of fundamental rights (of German creation and majority acceptance), reaching the right horizontal efficacy Theory of fundamental rights, prevailing Brazilian doctrine and jurisprudence. It has also been investigated the foundations of the social contract, pointing out that, apart from the provisions of the constitutional legislation, that base the principle on screen, there have also been noticed foundations in the Federal Constitution, in devices like the art. 1, III, the dignity of the human person is the north of the relationship between contractors. Also art. 3rd, I CF/88 bases the vision of social covenants, equipping it for the implementation of social solidarity, as one of the fundamental objectives of the Republic. Still on art. 170 of the Constitution it is seen as a locus of reasoning in the social function of the contract, the maintenance of the economic order. It is also studied the internal and external aspects of the social function of the contract, being the first part the one that considers the requirement of respect for contractual loyalty, through the objective good faith, as a result of the dignity of the hirer may not be offended by the other through the contract. On the other hand, the external facet of the social function of the contract, in line with the constitutional mandate of solidarity, indicates the need for contractors to respect the rights of society, namely the diffuse, collective and individual third party. In this external appearance, it is also pointed the notion of external credit protection, addressing the duty of society to respect the contract. There has been shown some notions of the social contract in comparative law. Then, there has been investigated the content of principle study, through their interrelationships with other provisions of private and constitutional law, namely equality, objective good faith, private autonomy and dignity of the human person. We study the application of the social contract in contractual networks as well as the guidance of conservation of contracts, especially those denominated long-term captive contracts, considering the theory of substantive due performance, concluding with an analysis of the social contract in code of Consumer Protection

Caminhos e descaminhos dos municípios produtores de petróleo: o papel dos royalties no desempenho das finanças públicas municipais no estado do Rio Grande do Norte

It analyzes the magnitude, the nature and the direction of public revenues and the public expenses in oil and natural gas producing municipalities in the state of Rio Grande do Norte in the post-constituent period, and, more precisely, from the approval of Law 9.478/97, called Oil Law . It argues the fiscal federalism normative theory, the typology and the role of the intergovernamental transferences in the performance of the public finances of the local governments. Shows that the economy of Rio Grande do Norte went through deep social-economic changes in the last few decades, among which includes the discovery of the oil and the natural gas and its importance for the growth of the industrial and services sectors. It points out that the increase of the production and the international price of the oil contributed for the growth in revenues of royalties and the special participation in the beneficiary cities, what did not mean an automatic increase in the resources destined to the investment and in the quality on the provision of the goods and services come back toward the local development. On the contrary, the main conclusion of the work is that the trajectory of the oil producing municipalities is marked by paths and embezzlements in the performance of the public finances and in the provision of public goods and services. Paths, that lead to the improvement of the performance of the public finances and the quality of the public goods and services. Embezzlements, that lead to the inefficiency in the provision of goods and services and the capture of the public resources. That is, the fiscal decentralization is a necessary condition, however not enough to improve the amount and the quality of the public goods and services given by these municipalities. For that it is necessary to advance in the fiscal federalism normative theories, in search of optimum model of federalism in local governments where still predominated by patrimonialism, clientelism, fiscal illusion and the capture of the public resources in benefit of the private interests

Finanças públicas na nova ordem constitucional brasileira: uma análise comportamental dos municípios potiguares, nos anos antecedentes e posteriores à lei de responsabilidade fiscal LRF

The object of the present dissertation is to analyze the behavior of the public finances of the districts of the state of Rio Grande do Norte (RN), taking as reference a period fundamentally previous to the implementation of the Fiscal Responsibility Law LRF, comparatively to the first years, immediately after the advent of the mentioned institutional milestone. The central hypothesis of this study proposes that, from the institutions' viewpoint, the LRF sets securely consistent rules, in the orchestration of the behavior of the municipal revenues and expenses. These regulations, on the other hand, might be effective and reach the districts of the RN indiscriminately, apart from stabilizing tendencies and which are sustainable in the long run. In spite of this, the indicators calculated reveal that the districts researched show, during all the period under analysis, a diminished capacity of self-tax collection , and consequently, a high participation of the intergovernmental transfers in the composition of the current revenues. This behavior indicates that the goal of strengthening the municipal public finances, forecast in the LRF, tends to be only partially accomplished, due to the fiscal decentralism. The analysis and interpretation of the data are conducted from the literature of institutionalist orientation and in descriptive statistical tools applied to the municipal strata of the state of Rio Grande do Norte. Further on, it's used the econometrical method Pooled OLS, which demands the elimination of the municipal strata in order to allow the use of the model, in the attempt to strengthen and/or ratify the results of the research. Finally, the evidence reached in the dissertation show that the LRF brings better conditions to the potiguar municipal public finances, predominantly to the economically stronger districts; whereas the less dynamic municipal entities show rather divergent evidence, that is, their economies seem to be more oriented to a more pronounced state participation; therefore, it generates in the state of RN a certain antithesis in the results reached in the dissertation

Efeitos das transferências intergovernamentais sobre as finanças públicas dos municípios do Rio Grande do Norte (2001-2010)

The Brazilian tax structure has specific characteristics and the performance level of government. The autonomy given to municipalities to manage their activities after the 1988 Constitution, made them highly dependent on intergovernmental transfers of resources, revealing the fragility of the administrative capacity of these entities. The vertical gap revealed by the constitutional structure of the Brazilian fiscal federalism model contributes to the formation of this specific feature that you are eroding the tax base and the ability of municipal own revenues. Although there was a better regulation of these transfers after the enactment of the Fiscal Responsibility Law, it is observed that the amount of resources transferred to the municipalities of Rio Grande do Norte is very high and is the main source of revenue of municipalities. In light of the theory of federalism and fiscal decentralization, in particular, the theories related to intergovernmental transfers, we seek to diagnose the transfers from the systematization of information on the origin, destination and value. We used the econometric model of System Dynamic Panel GMM in making the diagnosis and verification of the impact of transfers on public finances of the municipalities of the newborn, associated with a review in light of the theory of fiscal federalism and intergovernmental transfers. The paper presents some proposals for the transfer system and the composition of spending in order to contribute to greater tax efficiency

Bem-estar psicológico de servidores e funcionários técnico-administrativos das Instituições de Ensino Superior Públicas e Privadas : indicadores e antecedentes

The elaboration of this thesis aimed at getting to know the structure of the psychological well-being (PWB) at work and analysing the differences in the PWB levels among technical-administrative servants in public and private Institutions of Higher Education (IES) in the municipality of João Pessoa. Two hundred and thirty-three public and private IES male and female servants of João Pessoa participated in the research, replying to an instrument composed of questionnaires referring to the elaborated model. Factorial and regression analyses were accomplished in order to test the hypotheses in respect of the proposed model. The results showed that the PWB related with the work is composed of indicators such as affection, vitality, anxiety, depression, satisfaction at work and aspiration for accomplishment and reduction of the self-efficiency. The observed PWB predictors at work were the IES type, presence of children, age and the escape and back-out facing strategy. These predictors possess relationship of moderation among them in the explanation of PWB. On comparing the PWB experienced by the technical-administrative servants, it was observed that those linked to private IES showed higher PWB rates. Furthermore, there are differences among PWB predictors in accordance with the IES type. The applicability of the results of this thesis is wide as regards social interventions in the search of health improvement under a psycho-sociological perspective. Eventually, the thematic of this thesis intends to reinforce the studies on the worker s health, since by knowing what would lead him into a feeling of accomplishment and well-being will result in more chances of promoting him, while creating opportunities of a sounder life for these people in psychological terms

Famílias privadas de liberdade: a saga da violência vivenciada por adolescentes que trilham os áridos caminhos da criminalidade

This paper has as its main focus the relation between the infringement act and the adolescents families social economical problematic, who obey the social educational deprivation of freedom at CEDUC in the district of Pitimbu RN, establishing in the theme Children and Adolescents, with the objective of showing how these families breed in the social economical and cultural political aspect. It also seizes who those adolescents are and their family members in their social aspect and as those families face their daily activities. The focus on the social matter, family, adolescent, infringement act, exclusion, inclusion formed the analysis categories which made myths and reality possible, taking into consideration the infringement act in our society. The data collection showed that those families conditions of life are of poverty. Families originated from low social classes, 62.5 % coming from the countryside and living with a daily income ranging from R$ 0,31 to R$ 8,31. Their level of education is low; there is lack of human and citizenship rights and no professional qualification whatsoever. It questions the degrading social exclusion suffered by millions of Brazilian people due to social, political and infringement economical problems. Has this favored the infringement practice? How to confirm the families lack of competence having the social vulnerability? Are the Public Political Institutions really performing the way they should? Are they really carrying out their role as they should? We have noticed that from then on, the necessity of understanding the exclusion/inclusion suffered not only in an imprecise and empty way, but understood as processes of integrative exclusion or ways of delinquency, where the excluding is not only the only one who has lack of material care but the one who is seen or recognized as a person, is not being treated as one. The effort of this paper provided an approach to our object, and the seizing of a close relation between the infringement act and the exclusion process or inclusion suffered, which are submitted to families of those adolescents who deprive of freedom

O consumo de álcool entre os adolescentes estudantes de escolar privadas católicas de Natal-RN

This study has an object the understanding of the alcohol phenomenon consumption that occurs among teenagers. It is adopted as research locus catholic private schools of Natal - RN, which receive pupils proceeding from the social groups pertaining to the classes taken from Natal private schools. The researched public corresponds to 87 teenagers, who had answered to a mixing questionnaire, with open and closed questions. The research uses as a procedure the intentional election, which for the access easinesses privileges subjects who, at the moment of the research accomplishment, reveal to be in condition to participate of it. The study presents quantitative and qualitative character. It presents the following objectives: 1-Identify in which circumstances the teenagers make alcoholic beverage use; 2 -To identify the knowledge that the teenagers have on the alcohol effects; 3 -To identify the performance role of the school institution on the prevention of alcohol use by teenagers. The analysis method used corresponds to the one called answers interpretation method. Regards to the theoretical-methodological support, the Social Control Theory and the Symbolic Interactionism Theory are adopted as referential. Its contained chapters are organized in the following way: The first chapter approaches the situation of drugs adolescent consumption in general and the social confrontation of this situation. The second chapter presents sociocultural aspects of the alcohol consumption and the description of some of the researched public characteristics. The third chapter emphasizes the school and its performance next to the teenagers and the society in general, towards the prevention and combat of the alcohol use, as well as of other drugs

Impacto do racionamento nos resultados das empresas concessionárias do serviço público de distribuição de energia elétrica: um estudo nas empresas privadas da Região Nordeste

This work verifies the impact caused by the Emergencial Program of Reduction of Consumption of Electric Energy (energy-rationing program) in the results of the concessionary private companies of the public service of electric energy distribution localized in the Northeast Area. As the rationing invigorated from June 2001 to February 2002, its effects are diluted in the results presented by these companies in the second semester of 2001 and first quarter of 2002, with prominence for the last quarter of 2001, when the revenue of extraordinary tariff restore was instituted by the National Agency of Electric Energy (ANEEL), consequence of the so-called General Agreement of the Electric Sector made between the federal government and the companies of the electric sector. The structure of a generic electric sector and a historical review of the Brazilian electric sector from the time it was controlled by the private enterprises, including the State control period, about 1960, and returning to the control of the private enterprises in 1990, under a new regulation structure are presented. An explanation of the models of economic regulation that Brazil used for the electric sector is made, with prominence for the price cap that is the actual effective model. The process of tariff revision foreseen in the concession contracts signed by the federal government and the concessionary companies is presented, highlighting its two stages: the tariff rebalancing that defines the new price cap and the calculation of the factor X that establishes the efficiency goals for the companies. There is made a presentation of the Emergencial Program of Reduction of Consumption of Electric Energy and of the consequent General Agreement of the Electric Sector, which created the revenue of extraordinary tariff restore. A conceptual revision on reviews is presented, regarding to concepts, accomplishment and recognition. A brief review of the six companies that made part of the worked sample is also presented. Analyzing the quarters historical review and of amount of sold energy, it was possible to conclude that the energy-rationing altered the results of the studied companies significantly and that alteration was masked by the accounting process of the revenue of extraordinary tariff restore

Análise estratégica das Instituições de Ensino Superior privadas da cidade do Natal

Private Higher Education Institutions are embedded in a market where competitiveness is a key factor. To remain competitive, HEIs needs to have proactive and innovative strategies, especially to understand their main customers, students, with regard to their expectations about the quality of HEI. This study is to evaluate the overall private institutions of higher education in the city of Natal / RN, as the strategies adopted to remain on the market , based on the perceived quality of students. For conduct this research, it has developed two private institutions in the city of Natal, through the application using exploratory research to guide the survey for data collection with questionnaire to apply the overview with students, being directed to senior students courses in Bussiness, Accounting and Law. This research tool addresses aspects relevant to map the dimensions: (1) teaching, perspectives related to methods and teaching tools; ( 2 ) teachers, specifies the quality attributes related to teachers; (3 ) Infrastructure, describes the environment of the HEI; ( 4 ) services , evaluates the quality processes that attach to the HEI; and ( 5 ) intangible relates aspects with student satisfaction. The results were analyzed using descriptive statistical techniques using the Statistical Package Tool for Social Sciences (SPSS). The first stage of results characterizes the descriptive analysis of the overall sample and by HEI and course, plus a build univariate analysis of the HEI and also bivariate analysis shows that correlation of the factors through Spearman correlation coefficient. The results were used to compose a matrix of importance versus performance that compare with the contents of the Ministry of Education and Culture (MEC). Finally, these comparisons allowed identification of the most important factors for the quality of the HEI and the level of performance from institutions in the development of each attributes of quality dimensions.