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Justiça administrativa: o sistema brasileiro; Administrative justice: the Brazilian model

Souza, Rafael Soares
Fonte: Biblioteca Digitais de Teses e Dissertações da USP Publicador: Biblioteca Digitais de Teses e Dissertações da USP
Tipo: Dissertação de Mestrado Formato: application/pdf
Publicado em 05/06/2014 PT
Relevância na Pesquisa
36.31%
A justiça administrativa é uma necessidade que serve tanto para manter o Poder Público dentro dos limites jurídicos, como para tutelar os direitos subjetivos dos cidadãos. Há três principais modelos: contencioso administrativo, unidade de jurisdição e o misto, os quais são cada vez mais semelhantes entre si. No Brasil, durante a monarquia, existia o contencioso administrativo, que funcionava de forma precária. Proclamada a República, o contencioso administrativo foi substituído pela unidade de jurisdição, que vigora até hoje. Com a Constituição de 1988, o acesso à justiça administrativa foi facilitado, extinguindo obstáculos como o exaurimento prévio das vias administrativas. Isso, aliado à reticência do Poder Público em enxergar o cidadão como um verdadeiro sujeito de direitos, canalizou todos os conflitos para a única porta aberta disponível: o Judiciário. Após o período de afirmação do acesso à justiça administrativa, foi renovado o interesse por mecanismos alternativos de resolução de conflitos, inclusive, para o setor público, com o escopo de equacionar os conflitos de forma mais célere e adequada; The administrative justice is a necessity that serves both to keep the Government within the legal limits and to protect the legal rights of citizens. There are three main models: administrative litigation...

Bulgaria - Reforming the regime of states fees

World Bank
Fonte: World Bank Publicador: World Bank
Relevância na Pesquisa
36.33%
The Government of Bulgaria requested the World Bank to analyze the legal, institutional and administrative framework for setting state fees and provide recommendations based on good international practice. How big is the problem compared to the many other issues the government wants to reform in order to improve the business climate in Bulgaria? So far there are no comprehensive studies of the level of administrative fees in the European Union (EU) area. Such studies would be of great value to assess the magnitude of the problem. There are, however, several arguments in support of reforming the regime of state fees in Bulgaria now. Firstly, business associations in Bulgaria agree also confirmed by a recent unpublished government report - that state fees at the central level became an uncontrolled area in which authorities apply their own judgment and interests without considering the impact on businesses often to the disadvantage of the private sector. Secondly, if the Government of Bulgaria (GoB) does not curb the current regime system...

Barriers to Competition in Croatia : The Role of Government Regulation

De Rosa, Donato; Madzarevic-Sujster, Sanja; Boromisa, Ana-Maria; Sonje, Velimir
Fonte: Banco Mundial Publicador: Banco Mundial
Relevância na Pesquisa
36.58%
This paper examines product market policies in Croatia by benchmarking them to OECD countries and highlighting how policies that are more conducive to competition would stimulate a more efficient allocation of resources and, in consequence, facilitate convergence to higher income levels. OECD indicators of overall regulation in product markets indicate that Croatias policies in 2007 were generally more restrictive of competition than were the policies in OECD countries. This is especially true for policies concerned with the degree of state control of the economy and with barriers to entrepreneurship. Regulatory obstacles to trade and foreign direct investment, by contrast, are in line with those of pre-accession European Union countries (Czech Republic, Hungary, Slovak Republic, and Poland in 2003, as well as Bulgaria and Romania in 2006), albeit well above the OECD average. Regulation of post, electricity, gas, telecoms, air, rail, and road transport, as estimated by the OECD energy transport and communication sectors indicator...

Survey of Land and Real Estate Transactions in the Russian Federation : Statistical Analysis of Selected Hypotheses

Kisunko, Gregory; Coolidge, Jacqueline
Fonte: World Bank, Washington, DC Publicador: World Bank, Washington, DC
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36.43%
This paper analyzes land transactions between municipalities and private businesses based on official data and business surveys in 15 regions of the Russian Federation. Since the Russian Federation passed the new Land Code in 2001, land privatization has been officially encouraged by the federal government and in particular, land under previously privatized buildings was supposed to be privatized to the owner at a nominal price. The paper shows that many subnational authorities (which own or control the vast majority of land of interest to businesses) appear to use a combination of high statutory land buy-out prices and administrative barriers to deter land privatization and to offer "long-term leases" (which are not fully marketable) instead. On the other hand, regions that have established low buy-out prices and taken steps to remove unnecessary administrative barriers to land privatization appear to have higher rates of land ownership by businesses, and to face lower levels of corruption in the privatization process. The paper concludes that further reductions in the statutory prices for privatization of land under buildings and elimination of unnecessary administrative barriers should help to encourage further land privatization and the development of a competitive...

Reforming Administrative Procedures in the Tourism, Food and Road Transportation Sectors in Bulgaria

World Bank; Ministry of Economy and Energy of Bulgaria
Fonte: World Bank, Washington, DC Publicador: World Bank, Washington, DC
EN_US
Relevância na Pesquisa
46.19%
The results of the alpha survey on administrative barriers completed in 2006 indicate that, notwithstanding recent government reforms to reduce regulations affecting firms, administrative burdens are still substantial impediments to doing business. Based on the survey, the Bulgarian Government has commissioned an in-depth analysis of the procedure affecting three sectors: tourism, food, and transport. This report recommends the efficiency of inspections should be evaluated and a centralized inspection authority for foodstuffs and feed should be considered. More work is needed to assess the efficiency of the current inspection service.

Administrative Barriers to Foreign Investment : Reducing Red Tape in Africa

Emery, James J.; Spence, Melvin T., Jr.; Wells, Louis T., Jr.; Buehrer, Timothy S.
Fonte: Washington, DC: International Finance Corporation and the World Bank Publicador: Washington, DC: International Finance Corporation and the World Bank
EN_US
Relevância na Pesquisa
56.71%
The book consists of two papers which provide an overview of administrative barriers in Africa, and a very in-depth look at how one country, Mozambique, used a very large foreign investment as a mechanism to begin to tear them down. The first paper is based on a series of country-specific studies on administrative barriers done by Foreign Investment Advisory Service (FIAS) and the United States Agency for International Development. These studies covered Ghana, Mozambique, Namibia, Tanzania, and Uganda. Each country study relied on review of primary materials, laws, and regulations. The second paper is a detailed look at how the administrative barriers that existed in Mozambique threatened to derail the huge Mozal aluminum smelter that was proposed by South African investors. Not only were the barriers overcome for this special project but also the Government used the knowledge gained in the process to reduce barriers for all investors and establish institutions that could facilitate other investments. The message in both papers is that administrative barriers constitute a significant impediment to foreign direct investment in Africa. Many of the administrative procedures required of investors have no real justification. Removal of unnecessary barriers and streamlining other administrative procedures require detailed efforts by governments involving the exercise of significant political leadership.

Barriers to Formal Entrepreneurship in Developing Countries

Auriol, Emmanuelle
Fonte: World Bank, Washington, DC Publicador: World Bank, Washington, DC
EN_US
Relevância na Pesquisa
46.37%
This paper explores new types of barriers to entrepreneurship and thus, to formal sector growth. The authors suggest that developing countries are characterized by a dual economy where a small modern industrialized sector co-exists with a large informal sector with little capital and low marginal productivity of labor. There are two main barriers to entrepreneurship in these instances: (1) administrative; and (2) social. Analysis concludes that tax reformers could widen their area of interest beyond the standard tax parameters by reducing market entry fees, while developing countries could enlarge their formal sectors and hence the tax base. Keeping firms in the informal sector exposes them to weakened property rights and hence increased risks. Taxing some sectors and not others distorts resource allocation. Eliminating such inefficiencies could provide a significant impetus to growth, and tax collection in the medium to long term.

Croatia : A Strategy for Smart, Sustainable and Inclusive Growth

Madzarevic-Sujster, Sanja
Fonte: World Bank, Washington, DC Publicador: World Bank, Washington, DC
EN_US
Relevância na Pesquisa
46.29%
Croatia`s current economic challenges include sluggish growth, excessive public spending, high unemployment, and a deteriorating external environment. Croatian economy was making a fragile recovery and dealing with slow export growth, low investment, and persistent unemployment. At the end of 2011, Croatia gross domestic product (GDP) per capita (in purchasing power terms) declined to 61 percent average, a loss of 2 percentage points since 2008.The country incomplete structural reform agenda needs attention and action to promote greater competitiveness and a shift to productivity-based, private sector-led growth. It also faces the strategic challenge of maximizing the benefits of European Union (EU) membership, especially in terms of access to markets and the use of EU structural funds, requiring structural changes in the social sectors, education system, and business environment. Accelerating economic recovery requires Croatia to complete its currently unfinished structural reform agenda and shift to productivity-based...

Addressing Regulatory Software Barriers to Business Growth

Kularatne, Chandana; Lopez-Calix, Jose
Fonte: World Bank, Washington, DC Publicador: World Bank, Washington, DC
EN_US
Relevância na Pesquisa
36.46%
This policy paper explores the relative importance of the software regulatory barriers to growth in Pakistan. Such software barriers have been identified as part of the major constraint in the Framework for Economic Growth of the Government of Pakistan. Indeed, adequate software is needed to provide an environment in which the hardware of growth (physical infrastructure) could be expanded and made more productive. Among possible software constraints, the findings of various international surveys allow to disentangle the relative importance of multiple possible regulatory barriers; first by identifying what is in the books, and then by assessing what is actually experienced on the ground by entrepreneurs. Following the ensuing prioritization of the identified barriers, this paper suggests that the new growth strategy would benefit from focused policy efforts in seven key areas, where regulatory barriers and perceived obstacles are most constraining to business development: getting electricity, paying taxes...

A study of the barriers to institutionalization of Total Quality Management (TQM) in the Department of Defense acquisition process

Brown, William Andrew
Fonte: Monterey, California: Naval Postgraduate School Publicador: Monterey, California: Naval Postgraduate School
Tipo: Tese de Doutorado Formato: vi, 114 p. ill.
EN_US
Relevância na Pesquisa
46.24%
Approved for public release; distribution unlimited.; This thesis research focused on the identification and characterization of the barriers which impede institutionalization of Total Quality Management (TQM) concepts in the Department of Defense (DoD) acquisition system. Barriers were identified and characterized by survey of public and private sector individuals knowledgeable about TQM and experienced in the DoD acquisition system. The quality philosophy described by DR. W. Edwards Deming was the primary foundation for analysis. Although many barriers were identified, the research analyzed the top six barriers identified by respondents. In order of precedence, they were: Management Willingness to Change, the Competition in Contracting Act of 1984, Congressional Oversight, DoD Acceptance and Inspection Procedures, Single Year Budgeting, and Management Mobility. Major conclusions were: (1) Institutionalization of TQM involves a cultural shift in how managers view leadership, (2) Barriers rooted in statute or regulation demand leadership's attention, (3) A prerequisite for command positions must include a profound understanding of total quality, (4) The political environment that influences the DoD acquisition system, also affects DoD's ability to institutionalize total quality...

Growth Challenges and Government Policies in Armenia

World Bank
Fonte: Washington, DC Publicador: Washington, DC
Tipo: Publications & Research :: Publication; Publications & Research :: Publication
ENGLISH; EN_US
Relevância na Pesquisa
46.2%
This report reviews growth trends in Armenia for the period 1994-2000, outlines major weaknesses of existing development patterns, and suggests a package of policy recommendations designed to accelerate enterprise restructuring, attract investment, and encourage the creation of new businesses in the medium term (three to five years). Such steps are needed to sustain (and preferably to increase) the current growth rates, to stop emigration among the young and skilled, and to reduce poverty. The government needs to focus much more clearly on generating the environment for private sector led growth by removing bottlenecks in policies, infrastructure, and institutions that prevent new private businesses from flourishing. International aid donors can help by supporting the removal of administrative barriers for investments, the rehabilitation of infrastructure, and the creation of "restructuring agencies" that will enable firms in key sectors to overcome or avoid common constraints to business growth in Armenia. Successful restructuring by such firms should have a demonstration effect on the country's economy and help consolidate public support for moving forward the program of reform begun a decade ago.

Armenia : Growth Challenges and Government Policies, Volume 1. Main Conclusions and Recommendations

World Bank
Fonte: Washington, DC Publicador: Washington, DC
ENGLISH; EN_US
Relevância na Pesquisa
46.2%
This report reviews growth trends in Armenia for the period 1994-2000, outlines major weaknesses of existing development patterns, and suggests a package of policy recommendations designed to accelerate enterprise restructuring, attract investment, and encourage the creation of new businesses in the medium term (three to five years). Such steps are needed to systain (and preferably to increase) the current growth rates, to stop emigration among the young and skilled, and to reduce poverty. The government needs to focus much more clearly on generating the environment for private sector led growth by removing bottlenecks in policies, infrastructure, and institutions that prevent new private businesses from flourishing. International aid donors can help by supporting the removal of administrative barriers for investments, the rehabilitation of infrastructure, and the creation of "restructuring agencies" that will enable firms in key sectors to overcome or avoid common constraints to business growth in Armenia. Successful restructuring by such firms should have a demonstration effect on the country's economy and help consolidate public support for moving forward the program of reform begun a decade ago.

Armenia : Growth Challenges and Government Policies, Volume 2. Main Report

World Bank
Fonte: Washington, DC Publicador: Washington, DC
ENGLISH; EN_US
Relevância na Pesquisa
46.2%
This report reviews growth trends in Armenia for the period 1994-2000, outlines major weaknesses of existing development patterns, and suggests a package of policy recommendations designed to accelerate enterprise restructuring, attract investment, and encourage the creation of new businesses in the medium term (three to five years). Such steps are needed to systain (and preferably to increase) the current growth rates, to stop emigration among the young and skilled, and to reduce poverty. The government needs to focus much more clearly on generating the environment for private sector led growth by removing bottlenecks in policies, infrastructure, and institutions that prevent new private businesses from flourishing. International aid donors can help by supporting the removal of administrative barriers for investments, the rehabilitation of infrastructure, and the creation of "restructuring agencies" that will enable firms in key sectors to overcome or avoid common constraints to business growth in Armenia. Successful restructuring by such firms should have a demonstration effect on the country's economy and help consolidate public support for moving forward the program of reform begun a decade ago.

Gender and Economic Growth in Uganda : Unleashing the Power of Women

Ellis, Amanda; Manuel, Claire; Blackden, C. Mark
Fonte: Washington, DC: World Bank Publicador: Washington, DC: World Bank
Tipo: Publications & Research :: Publication; Publications & Research :: Publication
ENGLISH; EN_US
Relevância na Pesquisa
36.29%
Uganda is a leader in Sub-Saharan Africa, in recognizing linkages between economic growth and gender issues. These linkages are critical for achieving the Millennium Development Goals. The study assesses the legal and administrative barriers faced by women, as identified by the Bank's Foreign Investment Advisory Service (FIAS) and the International Finance Corporation's (IFC) Gender-Entrepreneurship-Markets Unit. The structure of the report mirrors that of the FIAS 2003 Administrative Barriers to Investment Report, and is designed to highlight the gender dimensions of that research to encourage further replication. The findings of this report indicate the considerable potential for economic growth that exists, if Uganda is to unleash the power of women, and support their full economic participation in the private sector. This assessment considers the relationship between gender and economic growth in Uganda in the context of promoting women's participation in business and entrepreneurship. Men and women both play substantial...

Administrative Barriers to Foreign Investment in Developing Countries

Morisset, Jacques; Lumenga Neso, Olivier
Fonte: World Bank, Washington, D.C. Publicador: World Bank, Washington, D.C.
Tipo: Publications & Research :: Policy Research Working Paper; Publications & Research
ENGLISH; EN_US
Relevância na Pesquisa
46.64%
Recent international experience has shown that excessively complex administrative procedures, required to establish, and operate a business, discourage inflows of foreign direct investment. The authors present a new database on the administrative costs faced by private investors in 32 developing countries. The database is much more comprehensive than the existing sources, as it contains not only information on general entry procedures, such as business and tax registration, but also captures regulation on land access, site development, import procedures, and inspections, The data include measures on the number of procedures, direct monetary costs, and time. The cost of administrative procedures vary significantly across countries. The most important barriers appear to be the delays associated with securing land access, and obtaining building permits, which in several countries, take more than two years. Countries that impose excessive administrative costs on entry, tend to be equally intrusive in firm operations...

Bulgaria - Administrative and regulatory barriers to business

World Bank
Fonte: World Bank Publicador: World Bank
Tipo: Economic & Sector Work :: Pre-2003 Economic or Sector Report
ENGLISH
Relevância na Pesquisa
36.62%
The present report on the Administrative and Regulatory Barriers to Business is part of an ongoing World Bank analytical and advisory support to the Government of Bulgaria in the area of regulatory reform. Since 2006, the World Bank has provided analytical and advisory support to the government in this area. In 2007, the Bank reviewed administrative procedures in the tourism, food, and road transportation sectors, calling for reduction and simplification of certain burdensome administrative regimes and emphasizing superfluous regulation at the municipality level. This report aims to identify ways in which Bulgaria can further remove obstacles to business regulation, recognizing that achieving pre-crisis growth levels, raising labor productivity and improving the business environment will require continued reforms to eliminate administrative and regulatory barriers to business. The report serves three purposes, such as: 1) providing the economic backdrop and comparators of Bulgaria's regulatory environment; 2) reporting on survey results including assessments by and perceptions of senior managers of Bulgarian enterprises; and 3) identifying strategic reform recommendations...

Bulgaria - Ex-post impact assessment of the act on limiting administrative regulation and administration control on economic activity

World Bank
Fonte: World Bank Publicador: World Bank
Tipo: Economic & Sector Work :: Pre-2003 Economic or Sector Report
ENGLISH
Relevância na Pesquisa
46.35%
The ex-post impact assessment of the Limiting Administrative Regulation and Administrative Control on Economic Activity Act (LARACEAA) is part of the World Bank's support to the Government of Bulgaria through on-going analytical and advisory work in the area of regulatory reform. The purpose of the present ex-post impact assessment of the LARACEAA is to: (i) assess how the Act has been enforced, (ii) identify and estimate the impacts of the Act, and (iii) provide recommendations for amendments to the Act. Chapter one emphasizes the importance of the Act as part of the Bulgarian Government's role in advancing regulatory reform and improving the business environment; gives the scope of the assessment and presents the sources of information utilized; and delineates general limitations of the analysis. Chapter two outlines a policy framework by discussing coherence with the Governmental and European Union (EU) policies, as well as touching upon relevant documents on regulatory reform, followed by analysis of the goal and objectives of the Act...

Better Regulation for Higher Growth : Bulgaria's Business Regulation - Achievements and Recommendations

World Bank
Fonte: World Bank Publicador: World Bank
Tipo: Economic & Sector Work :: Pre-2003 Economic or Sector Report
ENGLISH
Relevância na Pesquisa
36.64%
Removing regulatory obstacles that create barriers to business is a major objective for economic policymakers. There is broad understanding among policymakers and development practitioners that microeconomic reforms aimed at strengthening property rights, unleashing competition, and reducing the cost of doing business are critical to creating a sound investment climate and promoting economic growth (World Bank 2004; World Bank 2005; Lewis 2004). It is also commonly agreed that these changes need to be credible and sustained for private firms to respond by increasing investment and production (World Bank 2005). This report summarizes the findings of three topical studies of the World Bank: Administrative and Regulatory Barriers to Business (volume two) studies the overall burden of regulation for companies in comparison to other new European Union (EU) peers and specifically assesses Information Technology (IT) and manufacturing companies and the role of key stakeholders. The ex-post impact assessment of the act on limiting administrative regulation and administrative control on economic activity (Volume three) makes an assessment of how the act has been enforced...

Gender and Economic Growth in Kenya : Unleashing the Power of Women

Ellis, Amanda; Cutura, Jozefina; Dione, Nouma; Gillson, Ian; Manuel, Clare; Thongori, Judy
Fonte: Washington, DC: World Bank Publicador: Washington, DC: World Bank
Tipo: Publications & Research :: Publication; Publications & Research :: Publication
ENGLISH; EN_US
Relevância na Pesquisa
36.59%
This report examines the legal, administrative, and regulatory barriers that are preventing women in Kenya from contributing fully to the Kenyan economy. Building on the 2004 Foreign Investment and Advisory Service (FIAS) report, "Improving the Commercial Legal Framework and Removing Administrative and Regulatory Barriers to Investment," this study looks at the bureaucratic barriers facing women in Kenya through a gender lens. The report makes specific recommendations to address gender-related barriers in the context of ongoing government and donor initiatives to encourage private sector development as the key driver of poverty reduction and economic growth, in line with Kenya's Economic Recovery Strategy for Wealth and Employment Creation 2003-2007 (ERS). Addressing these constraints will not only allow women to make a full contribution to the economy but also improve their livelihoods and those of their families and help create a more enabling environment for all businesses in Kenya.

Identificación de barreras administrativas de acceso en el servicio de gineco-obstetricia en cuatro instituciones prestadoras de servicios de salud en Bogotá

Torres Romero, Ana Lucía; Losada Sáenz, Ricardo; Rubiano García, Giovanny
Fonte: Facultad de administración Publicador: Facultad de administración
Tipo: info:eu-repo/semantics/masterThesis; info:eu-repo/semantics/acceptedVersion Formato: application/pdf
Publicado em 24/07/2011 SPA
Relevância na Pesquisa
36.38%
El estudio realizado se basó en la aplicación de la metodología de investigación científica y el análisis exploratorio, cuantitativo de tipo descriptivo de corte transversal, utilizando análisis de relaciones de datos obtenidos en cada una de las IPS y relaciones de perfiles entre de la población atendida. El análisis de la información mostró que las barreras administrativas de acceso a los servicios de Gineco-Obstetricia existen en las IPS estudiadas, caracterizando fundamentalmente aspectos relacionados con la falta de registro de información en las historias clínicas de los pacientes, la falta de registro de la no asistencia de un paciente a una cita, la inexistencia de acciones registradas frente a la identificación e inscripción de la población objeto de control prenatal con clasificación del riesgo, el régimen de afiliación, la ocupación, las acciones correctivas por fallas en los servicios de salud, el registro de fallas en los servicios de salud y el nivel educativo. Es valiosa la información que es registrada en las historias clínicas, sin embargo las IPS que participaron en el presente estudio no le dan la importancia necesaria a las evidencias obtenidas, en especial frente a acciones correctivas. Las relaciones entre las variables como el número de embarazos...