Os conselhos de administração das estatais federais tornam-se órgãos de controle?um estudo sobre o papel do Conselho de Administração da FINEP após a Lei nº 13.303/2016

Resumo

Objective - This research has as main objective to identify the initial impacts of the State Owned Enterprise Responsibility Law (SOERL) on the role of the boards of directors of federal state companies. Methodology - The first phase of data collection consisted of interviews with experts and members of SOEs boards. The next step was carried out by analyzing the content of the agendas of the meetings of the board of directors (BD) of FINEP, from January 2015 to December 2019, in order to corroborate and expand the findings of the interviews. The roles of “strategic direction” and “monitoring and control” exercised by the BD were investigated in three different periods: before the SOERL (P1), during the period of adaptation of the state companies to the SOERL (P2), and after the adaptation period to the SOERL (P3). Results - The main results of the interviews are: the board of directors exercises the roles of monitoring and control, with risk management duties, guardian of the corporate governance of SOEs, and handling procedural issues; and the strategic direction role. Some of the challenges of the BD, listed by the interviewees are: to reconcile the other roles with the role of strategic direction; reconcile the search for profitability with the fulfillment of the social function of the SOE; prove legitimacy and measure the effectiveness of the SOE for society. The points of improvement and contributions of the SOERL identified by the interviewees are: the difficulty in translating the procedural requirements of the law into gains in effectiveness for the state company; giving equal treatment to all companies, regardless of their social function; and the improvement of the technical capacity, diversity and independence of the board. The factors that led to the publication of the SOERL were the constitutional requirement; the social outcry due to corruption scandals involving state-owned companies and; the State acting as owner. The following findings emerged from the analysis of the agendas of the meetings: over the period from 2015 to 2019, FINEP's board of directors exercised approximately 80% to 90% of attributions related to the monitoring and control role, while it performed about 10% to 20% of strategic direction assignments. The mean difference test carried out for the periods P1, P2 and P3 concludes that the difference in occurrences of the monitoring and control role matters, discussed per meeting of the board of directors after the SOERL, in effect is statistically significant. The hypothesis “the adequacy of the state companies to the governance requirements of the LRE positively affected the role of monitoring and control of the boards of directors” was confirmed, corroborating the findings of the interviews. Limitations - The single case study has limited generalization capacity, so that, similar studies can be developed in the future and achieve different results. One of the limitations of the content analysis technique is that it is based on an explanatory interpretation by the researcher. In addition, the results of the interviews are limited to the interpretations of the interviewees' perceptions and they can omit facts and opinions in order to protect their privacy. Practical contributions - The work offers society a portrait of the board of directors of a federal public company over five years, in addition to exploring the initial impacts arising from the new SOERL on the board of directors of SOEs and the reasons that led to the publication of the law.

Ficha do documento

Tipo

Dissertação

Ano

2020

Instituição

Fundação Getulio Vargas

Fonte

Repositório da FGV

Idioma

Português

Acesso

Não informado

Identificador

oai:repositorio.fgv.br:10438/29539

Temas

Administração PúblicaGovernança

Palavras-chave

Conselhos de administraçãoEstataisEmpresa públicaDirecionamento estratégicoMonitoramento e controleFINEPBoard of directorsState-owned enterprisesPublic companyMonitoring and controlStrategic directionState Owned Enterprise Responsibility LawEmpresas públicas - Administração - BrasilConselhos de administradores - BrasilGovernança corporativaAdministração públicaPlanejamento estratégico