Contratações Públicas no Setor de Resíduos Sólidos: Um estudo sobre as formas de contratação, delegação e gestão das atividades econômicas e serviços públicos relacionados ao setor de resíduos sólidos

Existem diversas formas no ordenamento jurídico brasileiro mediante as quais o poder público pode contratar, delegar ou gerir a prestação de serviços que envolvam entes privados. São elas os contratos de mera prestação de serviços regidos pela Lei 8.666/93 ou pela Lei 10.520/02; os convênios; as concessões comuns de serviço público regidas pela Lei nº 8.987/95; as parcerias público-privadas tuteladas pela Lei 11.079/04 e os consórcios públicos regidos pela Lei nº 11.107/05. O presente trabalho visa explorar como as contratações públicas ocorrem no setor de resíduos sólidos. Para isso, em um primeiro momento foi analisada a natureza jurídica dos serviços relacionados ao manejo de resíduos. Em um segundo momento, foi traçado um panorama sobre as modelagens contratuais disponíveis ao poder público para realizar essas contratações, bem como os possíveis problemas levantados pela doutrina no uso desses moldes. Por último, foram analisados casos concretos com o fim de averiguar se os referidos problemas são levados em consideração pelo Administrador Público ao elaborar os editais e contratos para prestação desses serviços pela iniciativa privada.

Indirect expropriation in concession contract

 The work aims to demonstrate that an indirect expropriation of rights occurs when mining concession agreements are made for subsoil exploitation. The article looks at examples such as when administrative divesture for public utilities or for social interest is decreed to implement projects or environmental works; when any regulation or administrative action is taken determining protected areas or environment control of type; and when environmental control plans are implemented. The indirect expropriation occurs because a conflict exists between general interests and equality principles of the burdens, the contractual right of adherence to agreed upon provisions and the legality of prior legal regulations for the carrying out of such expropriation. 

Quality in Hospital Administrative Databases

The clinical content of administrative databases includes, among others, patient demographic characteristics, and codes for diagnoses and procedures. The data in these databases is standardized, clearly defined, readily available, less expensive than collected by other means, and normally covers hospitalizations in entire geographic areas. Although with some limitations, this data is often used to evaluate the quality of healthcare. Under these circumstances, the quality of the data, for instance, errors, or it completeness, is of central importance and should never be ignored. Both the minimization of data quality problems and a deep knowledge about this data (e.g., how to select a patient group) are important for users in order to trust and to correctly interpret results. In this paper we present, discuss and give some recommendations for some problems found in these administrative databases. We also present a simple tool that can be used to screen the quality of data through the use of domain specific data quality indicators. These indicators can significantly contribute to better data, to give steps towards a continuous increase of data quality and, certainly, to better informed decision-making.

Is there space for senior civil servants hybrid management models across political- administrative systems?

Comunicação apresentada na 17.ª conferência anual da NISPACee, realizada de 14 a 16 de Maio de 2009.

How are top officials hybrid management models present across political-administrative systems?

Comunicação apresentada na 4th Annual ICPA - International Conference on Public Administration "Building bridges to the future: leadership and collaboration in public administration", na Universidade de Minnesota nos Estados Unidos, de 24 a 26 de setembro de 2008

Portuguese public managers and administrative reform in the global context of competitiveness

Comunicação apresentada no 27th International Congress of Administrative Sciences "Global Competitiveness and Public Administration: implications for education and training" em Abu Dhai, United Arb Emirates de 9 a 14 de Julho de 2007.

Semantic web approach for dealing with administrative boundary revisions: a case study of Dhaka City

Dissertation submitted in partial fulfillment of the requirements for the Degree of Master of Science in Geospatial Technologies.

The Portuguese Administrative Elite, 1851-1910

The aim of this article is to examine the composition and patterns of recruitment of the ministries’directors-general, as well as to assess the interconnections between bureaucracy and politics, from the beginnings of Regeneração (1851) until the breakdown of Monarchy (1910). The post of director-general was considered one of “political trust”, that might be filled by individuals from outside the civil service, and the selection and de-selection of officeholders depended exclusively on the ministers’ will. Nonetheless, most directors-general were experienced bureaucrats, boasting a steady career as civil servants, and remained in office for long terms, regardless of ministerial discontinuities. In other words, High Administration became relatively immune to party-driven politics. Due to their professional background and lengthy tenure, directors-general were usually highly skilled specialists, combining technical expertise and practical knowledge of the wheels of state bureaucracy. Hence, they were often influential actors in policy-making, playing an active (and sometimes decisive) part behind the scenes, in both designing and implementing government policies. As regards their social profile, directors-general formed a cohesive and homogeneous elite group: being predominantly drawn from urban middle class milieus, highly educated, and appointed to office in their forties.

On project finance and the first road concession in Portugal

In broad sense, Project Financing1 as a mean of financing large scale infrastructural projects worldwide has had a steady growth in popularity for the last 20 years. This growth has been relatively unscathed from most economic cycles. However in the wake of the 2007 systemic Financial Crisis, Project Financing was also in trouble. The liquidity freeze and credit crunch that ensued affected all parties involved. Traditional Lenders, of this type of financial instrument, locked-in long-term contractual obligations, were severely hit with scarcity of funding compounded by rapidly increasing cost of funding. All the while, Banks were “rescued” by the concerted actions of Central Banks and other Multi-Lateral Agencies around the world but at the same time “stressed” by upcoming regulatory effort (Basel Committee). This impact resulted in specific changes to this type of long-term financing. Changes such as Commercial Banks’ increased risk aversion; pricing increase and maturities decrease of credit facilities; enforcement of Market Disruption Event clauses; partial responsibility for project risk by Multilateral Agencies; and adoption of utility-like availability payments in other industrial sectors such as transportation and even social infrastructure. To the extent possible, this report is then divided in three parts. First, it begins with a more instructional part, touching academic literature (theory) and giving the Banks perspective (practice), but mostly as an overview of Project Finance for awareness’ sake. The renowned Harvard Business School professor – Benjamin Esty, states2 that Project Finance is a “relatively unexplored territory for both empirical and theoretical research” which means that academic research efforts are lagging the practice of Project Finance. Second, the report presents a practical case regarding the first Road Concession in Portugal in 1998 ending with the lessons learned 10 years after Financial Close. Lastly, the report concludes with the analysis of the current trends and changes to the industry post Financial Crisis of the late 2000’s. To achieve this I’ll reference relevant papers, books on the subject, online articles and my own experience in the Project Finance Department at a major Portuguese Investment Bank. Regarding the latter, with the signing of a confidentiality agreement, I’m duly omitting sensitive and proprietary bank information.

Creating the Gorizia-Goriska euroregion: an European cross-border administrative model for integrated socio-economic development in the upper adriatic. Crossborder co-operation as a tool for trans-national integration and conflict resolution

Contribució al Seminari: "Les Euroregions: Experiències i aprenatges per a l’Euroregió Pirineus-Mediterrània", 15-16 de desembre de 2005

Comparison of recent toll road concession transactions in the United States and France

Recent concessions in France and in the US have resulted in a dramatic difference in the valuation placed on the toll roads; the price paid by the investors in France was twelve times current cash flow whereas investors paid sixty times current cash flow for the U.S. toll roads. In this paper we explore two questions: What accounts for the difference in these multiples, and what are the implications with respect to the public interest. Our analysis illustrates how structural and procedural decisions made by the public owner affect the concession price. Further, the terms of the concession have direct consequences that are enjoyed or borne by the various stakeholders of the toll road.

Lessons of peace in Aceh: administrative decentralization and political freedom as a strategy of pacification in Aceh

This working paper shows the evolution of the Aceh conflict until its peaceful resolution in 2005. The key factors in the success of this peace process have been the confluence of several factors related to the internal and external dynamics of the country, including the new political leadership, the decreasing role of the military power, the international support and the meeting of the objectives of both groups, and so on. The end of the conflict in Aceh shows that the administrative decentralization and the promotion of the political participation of the main actors involved have made possible the development of a solid alternative to the arms strategy of conflict resolution used for years in Indonesia.