Navegando por Assunto "Federalismo"

Agora exibindo 1 - 8 de 8

Acesso aberto (Open Access)
A dívida dos municípios paraenses que aderiram à municipalização do ensino e a norma constitucional permissiva de retenção de verbas transferidas: um estudo de caso sobre o estado do Pará
(Universidade Federal do Pará, 2011-05-16) LOBÃO, Simone Ferreira; KZAM NETO, Calilo Jorge; http://lattes.cnpq.br/0615330668721075
This dissertation will look into the conditions of the municipalities of the State of Pará, that have adhered the municipalization of the education in the 90‘s, which have ceased conveying the payers‘ financing contributions to the government of the State, which have churned up a considerable debit before the State Financing Security Fund. It is about a complexity of the Brazilian federalism, yet to be sorted out, which is, therefore, worth being examined. Thus, the general goal of this research is based on the norm extracted from the Art. 160, a unique paragraph of the Federal Constitution – presenting some changes in the Constitutional Amendments (03/93) and (29/00) – authorizing the retention, by the State, of the reasonable values to the Municipalities, caused by the State tax-collection participation, in case of a municipal debit existence. This study was conducted by two leading up questions. First, it consisted in analyzing whether the municipalities were reliable to develop the public policies upon their material competence, independently of the money, transferred by the Union and the State. In parallel, the second investigating inquiry would be whether the collection through retention would reflect on the fundamental rights of the population, under the municipal power. On the face of these inquiries, as it is the first assumption of this dissertation, brought in the presentation of this research-project, I have affirmed that the autonomy maintenance of the State of Pará‘s municipalities would be unviable just with its own tributes collection. And the second assumption consisted in the affirmation that, in case of the implementation of retention, the municipal debtor would have a great impact on the budget, thus bringing about a hefty difficulty in the public policies concretion, related to the human rights, on the verge of being restrained. I have therefore pondered upon the offensive fundamental rights order, the municipal autonomy and, therefore, the federative alliance itself. In the purpose of analyzing the fullness of such assumptions, this dissertation was broken into three chapters. The first chapter was dedicated to the essential concepts of the academic work development, as the difference between the positive law language and the science of Law language; between the norm and norm texts; the concept of juridical norm; its classification between conduct and structure norms; as well as general, abstract, individual and concrete norms. Moreover, I shall present the model of rules and principles as normative species, beyond the conception of the juridical system. The second chapter is conveyed to the study of federalism and the Brazilian political entities financing system and its importance to the human rights concretion. In the third and last chapter, I shall specifically discuss about the debt of the municipalities which have adhered the municipalization of the education: from the analysis of a great debtor.
Acesso aberto (Open Access)
Equalização fiscal: o fortalecimento do pacto federativo e dos direitos fundamentais
(Universidade Federal do Pará, 2015-05-12) AMANAJÁS, Grace Osvaldina Pontes de Sousa; KZAM NETO, Calilo Jorge; http://lattes.cnpq.br/0615330668721075
The fiscal equalization is a form of income transfer between the federal entities whose primary goal is to provide the recipients equality in the provision of public services. This form of transfer is based on strong cooperation between the entities in meeting the goal of reducing regional inequalities in the ability to provide essential services. The Constitution has, among its fundamental principles, the reduction of inequalities between regions, however, the relationship between the federal entities in our country is still guided on criteria that do not favor mutual aid. The Brazilian federation, which historically has gone through centralization and decentralization, today aims to increase the autonomy of federal entities. In this goal, the Constitution of the Republic has currently increased powers granted to the federal entities. In order to fulfill its constitutionally established obligations, and increase their own economies, Member States began granting tax incentives in masses, leading to the renouncement of income and exacerbating competition in the collection of taxes such as GST. This practice goes against the goal of equitable development between regions. In the analysis of the forms of transfers currently performed in our country, there is the freezing of the coefficients and the use of indicators criteria that do not reflect the concern to equalize the capacity of regions. In more developed federations, the fiscal equalization has been adopted, along with other redistributive transfers as a way to provide greater assistance to Member States with lower potential revenue collection, to the extent of their needs. Through the comparison between the federations to adopt the fiscal equalization, and federal relations in Brazil, considering the constitutional principles and the role of the Central Government, weighting is performed on the possible use of tax equalization mechanism in our legal system.
Acesso aberto (Open Access)
"Farinha pouca, meu pirão primeiro": eis o compromisso da escolha pública referente ao saneamento básico em Belém no período 1997-2020
(Universidade Federal do Pará, 2022-12-19) MELLO, Helder de Paula; COSTA, Eduardo José Monteiro da; http://lattes.cnpq.br/4243685710731997
This work is the result of explanatory research with a quali-quantitative approach, through bibliographic and documentary procedures in a case study with analysis of the collected results. Also considering that the research object demands an interpretative documental study, it aims with a general purpose to identify the factors that contribute to the maintenance of low levels of investments in basic sanitation in the city of Belém do Pará in the period 1997-2020. municipal public budget, its components and applications in the light of the Theory of Public Choice, as a theoretical reference aimed at the decision-making process on investment in the public policy of basic sanitation in the referred Municipality. In this sense, the main amounts contributed by the municipal Legislative Power through the Annual Budget Laws (LOAs) in the referred period were researched and analyzed, a condition that identifies the importance of the deliberative focus on the planning and execution of the municipal budget. The results confirm the hypotheses established, considering the institutionalization of a corrective measure on the identified factors to be opportune and imperative, considering that public investments should be effected soon and contribute positively to the aspirations of the local society and converted into effective purposes of improvement and municipal development.
Acesso aberto (Open Access)
Nem localistas nem setorialistas, as assembleias estaduais são “classe-médistas”: ganhos e perdas das leis estaduais durante a crise da covid-19
(Câmara dos deputados, 2021-03) JUNQUEIRA, Murilo de Oliveira
This aim of this paper is to analyze the content of the state’s laws in the fight against the economic and social crisis generated by Covid-19. Sixteen Brazilian states were analyzed, including 309 laws. The methodology used was content analysis and exploratory data analysis. It was observed that the pattern of relations between the Legislative Assembly and State governments varied enormously, with some parliaments passing many laws and others very few. Especially in the parliaments that passed many laws, there was a notable increase in economic interventionism, mainly in policies that benefited, in a diffuse way, the middle class. This finding is contrary to what is expected by the literature, which advocates that the greatest interest of parliamentarians are measures of local or sectorial interest.
Acesso aberto (Open Access)
A política de regularização fundiária e reforma agrária: o PAE nas ilhas do Pará
(Universidade Federal do Pará, 2011-10-13) MAIA, Rosane de Oliveira Martins; RAVENA, Nírvia; http://lattes.cnpq.br/0486445417640290
This thesis studies the Land Reform and Land Settlement Policy in the Amazon region, from the Second National Plan for Land Reform (PNRA II), which inserted the traditional riverine populations in the whole of its audience. We focus on the analysis of settlement projects in the municipalities of the Lower Tocantins Microregion islands (State of Pará). The project was conducted by a task force formed by INCRA (The National Institute of Colonization and Agrarian Reform) and SPU (National Secretary of the Federal Government Heritage). However, the proposed use and democratization of land ownership, which allows land to be secured for the riverine populations, was not strategically planned and prioritized by government institutions. Through the analysis of the decision-making process, the action plans of some institutions, the perceptions of data collection by the associations of the settled people, and the outcome of elections from 2000 to 2010, we conclude that the settlement projects were intensely carried out in a disorderly fashion, aiming to respond to the Lula administration’s land reforming indices in order to create a positive impact on election results which were essential to maintain the governing political system.
Acesso aberto (Open Access)
A Política de renúncias fiscais do estado do Pará e seus efeitos socioeconômicos nos municípios paraenses, no período de 2016 a 2020
(Universidade Federal do Pará, 2022-12-21) CATETE, Antônio Carlos de Freitas; COSTA, Eduardo José Monteiro da; http://lattes.cnpq.br/4243685710731997
The objective of this master's thesis is to analyze how municipal revenues were affected by the fiscal waiver policy of the state of Pará during the quinquennium 2016-2019. In the context of Brazilian fiscal federalism, the tax on operations related to the circulation of goods and the provision of interstate and intercity transport and communication services (TCGS), the Tax on the Property of Motor Vehicles (TPMV) and the Tax on Transmission Causa Mortis and Donation (TTCD) are taxes collected by the states of the federation The 1988 constitutional rule allows federated entities to grant tax benefits (exemption, reduction of the tax base, amnesty or tax rate reduction). It so happens that, as the product of state tax collection is shared with municipalities, when states grant tax benefits, it not only reduces their collection, but also reduces municipal revenues. Therefore, the relevance of this study is to verify the reflexes of the policy of tax waivers by the state of Pará in the economic development of the municipalities of Pará. For this, the institutionalist approach will be used as a theoretical element of analysis, especially the analytical bodies developed by Douglass North, Daron Acemoglu and Ha-Joon Chang. Methodologically, the research will have an exploratory character, since it is the most appropriate because it is based on the use of indirect documentation, through contact with official plans and reports, Annual Budget Laws (ABL), Budget Guidelines Laws (BGL), Multi-Year Plans (MYP) of the state and selected municipalities, in addition to bibliographic research. In summary, we start from the hypothesis that the tax waiver policy can affect both positively and negatively the economy of municipalities. However, the confirmation of one of the contradictory hypotheses will depend on the strategies formulated, which we hope to reveal at the end of the work.
Desconhecido
A Política Nacional de Atenção às Urgências (PNAU) em Belém e Ananindeua, Pará: um estudo sobre os entraves à implementação
(Universidade Federal do Pará, 2016-02-26) FARIA, Tamara Lima Martins; NASCIMENTO, Durbens Martins; http://lattes.cnpq.br/4086120226722277
Advocated in the Federal Constitution of 1988, the decentralization is a relatively recent process that yet not established in full form. The result of this process can be felt directly in the public policies, which have a diversity of results, for several reasons: regional inequalities, absence of management capacity of many counties, excessive dependence on federal transfers, etc. In this context, the implementation of National Political of Urgency Attention (PNAU) in Belém and Ananindeua was the object of this study, the general goal investigate the autonomy and participation of Pará state and Belém and Ananindeua cities in the implementation and decision taking in PNAU. The research is qualitative based in figures answer the question: “which the extend of implementation barriers identified in PNAU are caused by the centralization by the federal government that persist before the counties become “full management” in health services?” The central hypothesis is that the PNAU results in Belém and Ananindeua are reflection overlapping of responsibilities from federal entities and deficiencies of coordination between them, even with relative autonomy assigned to states and counties the centralization of more important decisions it remains under the control of the federal government. To answer and attend this goal the methodological procedures used were survey and document analysis and semi structured interview. Were used some elements of content analysis, considering mainly thematic analysis to identify information on the perception of the actors on the confrontation in the study object with the information gathered in the literature review phase and documentary. Allying the theory of neo-institutionalism and institutional change and empirical data was possible concluded in this study that the Union still concentrates the major decisions related to emergency politics, because through regulatory instruments, also known as formal and informal laws intend to mold the actors involved behavior and limited their decision power and the counties protect by the Union, whether the financial dependence to implementation their public policy and/or being limited by regulations shipped by the Union, support the results of this relationship federalism that do not considered the peculiarities of each region and limit the city manager and to adapt to the city reality.
Desconhecido
Renúncia fiscal heterônoma de ICMS na exportação no estado do Pará
(Universidade Federal do Pará, 2012) SOUZA, Victor Renato Silva de; KZAM NETO, Calilo Jorge; http://lattes.cnpq.br/0615330668721075
O presente trabalho faz análise, sob a égide do federalismo, da renúncia fiscal heterônoma do Imposto de Circulação de Mercadorias e Serviços (ICMS) para exportação introduzida pela Lei Federal Complementar n.º 87 de 13 de Setembro de 1996, Lei Kandir, posteriormente posta pela Emenda à Constituição de n.º 42/2003. Aborda aspectos da autonomia federativa dos Estados Membros, detentores da competência tributária de ICMS, e procura esclarecer os conceitos de imunidade e isenção tributária, competência e autonomia para verificar a possibilidade de violação à autonomia dos Estado mediante usurpação de competência tributária, bem como verificar as perdas fiscais decorrentes da referida renúncia fiscal no Estado do Pará.