Banca de DEFESA: Daniel Cubas Ferreira

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
STUDENT : Daniel Cubas Ferreira
DATE: 26/07/2022
TIME: 14:30
LOCAL: TEAMS
TITLE:

Automated analysis of the judicial execution of debts and fines from the decisions of the Tribunal de Contas da União: the protest as a way to increase the effectiveness of the decisions of the Courts of Accounts.

KEY WORDS:

Law, Transparency, Justice, Technology, Automation, Protest.

 

PAGES: 71
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

The Federal Constitution of 1988 (CF/88) gave the control of public affairs to the people through the ownership of external control of the Federal Public Administration to the National Congress (art. 70, art. 71 and 75, all of CF/88). The National Congress, when exercising this function, will have the assistance of the Federal Audit Court (TCU), which has its own constitutional powers (art. 71, CF/88) and has its members chosen mainly by the National Congress (six ministers chosen by the National Congress and three by the President of the Republic), in order to ensure popular representation.

It so happens that, despite the Federal Constitution have created a system that attributes to the people the external control of the Public Administration, the full exercise of such control depends on the effectiveness of the decisions of the Courts of Auditors, that is, if the decisions that impute debt and condemn in fines are actually executed and imply the effective recovery of treasury values.

In order to verify the effectiveness of such decisions, in the present work, a quantitative and qualitative study was carried out on more than a hundred lawsuits and hundreds of their documents that made up a sample of the processes of execution of TCU decisions with pecuniary repercussions. As this study demanded a great effort of research and analysis, it was necessary to develop specific technological tools for the automated analysis of the processes.

The development of this type of technology was fundamental to enable the mentioned study, as the manual analysis of more than one hundred processes and hundreds of procedural documents, in addition to being unfeasible, would certainly be inaccurate and would involve many errors. Thus, the developed tool consisted of a computational system written in Python was composed of three programs, or modules, in the technical language: 1- data extraction; 2 – data structuring and; 3 – data analysis.

In this way, the first program automatically extracted information from the judicial acts of the processes according to the parameters defined for the sample. After extracting the data, another program organized and structured the extracted information, and finally, a last program analyzed the collected data and created comparative tables and graphs of the information requested.

As a result of this analysis, it was found that, among others, in the sample of 115 proceedings for the execution of debts or fines from TCU decisions, in only 9 requests for precautionary measures to ensure the payment of debts were granted, that is, in only 8% of the sample. In these 9 cases, even considering that the precautionary measures were issued before the summons of the defendant and in a relatively short period of time, which on average was 58 days, all the precautionary measures were ineffective.

Thus, the study proved that the judicial execution of debts from TCU decisions is inefficient and ineffective, and that the search for alternatives for extrajudicial execution is urgent, under penalty of total ineffectiveness of the aforementioned decisions. In this context, the Protest proved to be an interesting option, both because it is legally viable and because it has presented several positive results in the collection of Active Debt Certificates from several federated entities.

BANKING MEMBERS:
Interno - 2332291 - ALEXANDRE ARAUJO COSTA
Interna - 1828282 - AMANDA ATHAYDE LINHARES MARTINS RIVERA
Presidente - 2170701 - FREDERICO HENRIQUE VIEGAS DE LIMA
Externo à Instituição - JOACY VICTOR MAIA ARAUJO