Temporalidade dos processos disciplinarespotenciais fatores para extemporaneidade das apurações

Resumo

This paper is set on identifying and evaluating the potencial causes of slowness in disciplinary actions on the scope of the brazilian federal executive branch of government, activity that is inseparable from the fight against corruption. This study focus its analysis on administrative disciplinary procedures (PAD), as they are the instrument that represents an expressive percentual of correctional activities, as well as substantiates the application of the most relevant sanctions in the area. To identify the potential causes of slowness we utilized quantitative and qualitative methods. The quantitative analysis was done from anonymized information from the CGUPAD database, maintained by the CGU, and included bivariate analysis and survival analysis. The available data enabled the analysis of the whole set of PAD opened on the brazilian federal executive branch of government between the years of 2008 and 2019. The qualitative analysis, in turn, included the interview of four representatives of correctional unities from organizations on the brazilian federal executive branch of government, selected by their performance, both for a complementary analysis of the hipothesis tested via the quantitative methods, and for benchmarks of initiatives able to mitigate identified causes of slowness. The results obtained evidence variables related to the slowness in administrative disciplinary procedures, especially the quantity of accused per procedure, the time lapse between the ocurrence of the fact and the beginning of the investigation, the subject target of investigation and the hierarquical rank of the authority responsible to judge the procedure. From these results we propose public policies that might promote celerity on the disciplinary procedures.

Ficha do documento

Tipo

Dissertação

Ano

2021

Instituição

Fundação Getulio Vargas

Fonte

Repositório da FGV

Idioma

Português

Acesso

Acesso aberto

Identificador

oai:repositorio.fgv.br:10438/31442

Temas

Políticas PúblicasAdministração PúblicaGovernança

Palavras-chave

Administrative process - BrazilAdministrative corruptionAdministrative sanctionsDeadline (Law)Processo administrativo - BrasilCorrupção administrativaSanções administrativasPrazo (Direito)Administração públicaPrazos (Direito)