Submitted by Maicon Juliano Schmidt (maicons) on 2015-06-26T17:25:36Z No. of bitstreams: 1 Juliano Nicola Sangalli.pdf: 619238 bytes, checksum: 46020448b4b2d373924f1cd9eb748bcf (MD5) / Made available in DSpace on 2015-06-26T17:25:36Z (GMT). No. of bitstreams: 1 Juliano Nicola Sangalli.pdf: 619238 bytes, checksum: 46020448b4b2d373924f1cd9eb748bcf (MD5) Previous issue date: 2013-01-31 / Nenhuma / Com a quantidade de normas que incidem sobre a atividade empresarial, cada vez mais, as empresas estão internalizando os serviços jurídicos nos seus quadros internos e estruturando departamentos, para tratar dos assuntos legais. São profissionais com conhecimentos técnicos, que ingressam nas organizações e que, neste ambiente empresarial, passam a ter que controlar orçamentos, selecionar pessoas, designar funções, medir o desempenho, estabelecer e cumprir metas e, mesmo com tudo isso, prestar orientações jurídicas a toda a empresa, mapear e agir sobre contingências relevantes e se alinhar aos objetivos estratégicos da organização. Deparam-se, portanto, com a necessidade de desenvolver conhecimentos de gestão. Este estudo se propõe a abordar as competências que este advogado corporativo - que possui cargo de gestão dos assuntos jurídicos empresariais - necessita para os desafios do dia a dia nas empresas gaúchas e como se dá o desenvolvimento dos saberes referenciais de competência. O objetivo geral da pesquisa foi o de investigar o tema de competências de gestão, através das trajetórias de vida, educacional e profissional, de advogados corporativos que desempenham funções de gestão, nos departamentos jurídicos de médias e grandes empresas gaúchas, para produzir um referencial dos saberes destes gestores e de como a universidade pode fazer parte do desenvolvimento dessas competências. Nesta busca, o estudo visou explorar, brevemente, a formação do gestor corporativo, nas principais universidades privadas do Rio Grande do Sul e verificar se há algum movimento, nas faculdades de Direito, para o desenvolvimento de competências de gestão jurídica. Após esta breve incursão na formação do advogado corporativo, buscou entender, através de entrevista com gestores jurídicos, qual é o papel deste profissional no ambiente empresarial, identificar se há e com quais lacunas de gestão se depararam, ao longo de sua trajetória profissional, problematizar como se deu a conexão entre as trajetórias de vida, educacional e profissional, no desenvolvimento dos saberes referenciais de competência para a gestão jurídica e como os privilegiam, através dos saberes teórico, do meio, operacional, experiencial e cognitivo; ainda, como se dá a aquisição de saberes, na sua trajetória de vida, educacional e profissional. Para atingir tais objetivos, gerais e específicos, foi feita uma revisão na literatura de competências, priorizando esta construção teórica, a partir de três pontos de referência: o indivíduo, a entrega e a ação. Os principais resultados da pesquisa indicam que os alunos de Direito estão mais exigentes, em relação à preparação para o mercado, que não há o desenvolvimento de saberes referenciais de gestão jurídica nos currículos e que há espaço para uma disciplina que se refira à Administração Aplicada ao Direito - para desenvolver, nos alunos, uma predisposição à gestão de serviços jurídicos, principalmente, no que se refere à atuação em empresa. Ao final, apresenta-se o papel do gestor jurídico na empresa e o perfil - conhecimentos, habilidades e atitudes - que podem servir de referenciais de competência, na qualificação dos gestores jurídicos e no desenvolvimento de suas carreiras. / With the amount of rules that affect business activity, companies are increasing the internal legal services in their business and structuring internal departments to deal with legal matters. They are professionals with specific knowledge for the organization, but once in the business environment, they need to manage budgets, people, assign tasks, measure performance, set and meet goals and even with all that, provide legal advice to the company; mapping and acting on relevant contingencies aligned with strategic objectives for the organization. They are faced with the need to develop knowledge on skills of management. This study aims to address the competences that the corporate counsel needs for the challenges of day to day management in business enterprises in the “Gaucho” companies and how is the development of knowledge competencies as references in business. The overall goal of the research was to investigate the topic of management competences of legal professionals’ life, management throughout the trajectory of their life, education and corporate law profession. They serve in the function of management of their legal department in medium and large “Gaucho” companies to produce a reference of knowledge of this management and how the university can be part of the development of this reference competences. In this search, the study proposes to explore, briefly, the formation of these corporate managers in the main private universities in “Rio Grande do Sul” and verify if there is any movement in law schools for the development of management competences. After a brief study in the education of a corporate lawyer, it was tried to understand through interview with legal managers what is the role of the corporate counsel in the business environment, identify if and which gaps of management these managers are faced with throughout his professional trajectory. Designing how is the connected between the trajectory through life, education, and profession in the development of knowledge references of competences in legal management and how these are acquired through the theory of knowledge in the environment as operational, cognitive experience and how the acquisition of this knowledge in the trajectory of life, education, and profession. To aim for these general and specific objectives a revision was done in the literature of competences enhancing this construction of theory from three reference points: the individual, the delivery and action. The principal results of the research indicates that the students in the law faculty are more demanding in relation to the preparation for the market, there is no development of knowledge references in legal management in the curriculum and there is a need for the discipline in “applied administration in law” to develop the student in a predisposition for management in legal services, principally, to act in business. At the end, the role is presented to the legal management in business, a profile knowledge, skills, and attitudes that will serve as references in competences to qualify legal managers and in the development of their careers.

This thesis critically assesses the design and operation of the corporate legal adviser (“CLA”) system for state-owned enterprises (“SOEs”) in the People’s Republic of China (“PRC”). / The study of in-house legal advisers (commonly known as corporate counsel) in Western jurisdictions has developed as its own subfield of studies of the legal profession. That literature shows that the roles that in-house legal advisers in Western corporations should and can play is heavily influenced by their corporate environments, corporate policies and attitudes of the corporate leaders with whom they work. There are a range of complex organizational and ethical issues faced by Western corporate counsel in discharging the functions of effective gatekeepers, advisers and preventive law practitioners. However, as compared with the abundant published works on corporate counsel in the era of post-Enron corporate America, there is little academic literature on in-house legal advisers in China. / In the face of the challenges and risks caused by the intensifying economic reforms in the PRC since the early 1990s, and China’s entry into the WTO in 2001, the PRC Government has been attempting to strengthen measures to preserve and protect those state assets that are managed and operated through SOEs. The supervisory body for SOEs is the powerful and well-known State-owned Assets Supervision and Administration Commission (“SASAC”) which is directly under the control of the State Council. / SASAC has perceived that corporate counsel in Western corporations have been playing a critical role in corporate risk management and decision-making, and have been accorded a high status within their organizations. Therefore one of the measures implemented by SASAC under its risk management framework for SOEs is the CLA system. The CLA system requires SOEs to engage licensed CLAs as part of the corporate governance and risk management system. Pursuant to the Administrative Measures for State-owned Enterprise Corporate Legal Advisers (2004) (the SASAC document governing the system), the role, rights and obligations of CLAs are set out. The policy objective is to ensure that SOEs are managed and operated in compliance with law and with proper legal advice. / SASAC leaders have claimed that the CLA system in SOEs has made great achievements in improving the risk management performance of SOEs. However, this thesis finds that SASAC has not properly addressed the ethical and role dilemmas commonly faced by Western corporate counsel. On the basis of the Western literature on corporate counsel and analysis of SASAC’s policies and the practice of SOEs, this thesis identifies the following key concerns with the CLA system of SOEs: the status and independence of CLAs, the qualification system for CLAs, the legal and professional regulation of CLAs, and the management structure and corporate culture of SOEs where CLAs work. Finally, the inherent problems caused by the power structure in SOEs, especially the role of senior cadres of the ruling Chinese Communist Party in SOEs, has not been resolved. / This thesis concludes that CLAs as corporate watchdogs in SOEs are still at the developmental stage. More empirical research of CLAs of SOEs is warranted to better understand how China, as an emerging world economic power, is to play on the international stage.

This thesis critically assesses the design and operation of the corporate legal adviser (“CLA”) system for state-owned enterprises (“SOEs”) in the People’s Republic of China (“PRC”). / The study of in-house legal advisers (commonly known as corporate counsel) in Western jurisdictions has developed as its own subfield of studies of the legal profession. That literature shows that the roles that in-house legal advisers in Western corporations should and can play is heavily influenced by their corporate environments, corporate policies and attitudes of the corporate leaders with whom they work. There are a range of complex organizational and ethical issues faced by Western corporate counsel in discharging the functions of effective gatekeepers, advisers and preventive law practitioners. However, as compared with the abundant published works on corporate counsel in the era of post-Enron corporate America, there is little academic literature on in-house legal advisers in China. / In the face of the challenges and risks caused by the intensifying economic reforms in the PRC since the early 1990s, and China’s entry into the WTO in 2001, the PRC Government has been attempting to strengthen measures to preserve and protect those state assets that are managed and operated through SOEs. The supervisory body for SOEs is the powerful and well-known State-owned Assets Supervision and Administration Commission (“SASAC”) which is directly under the control of the State Council. / SASAC has perceived that corporate counsel in Western corporations have been playing a critical role in corporate risk management and decision-making, and have been accorded a high status within their organizations. Therefore one of the measures implemented by SASAC under its risk management framework for SOEs is the CLA system. The CLA system requires SOEs to engage licensed CLAs as part of the corporate governance and risk management system. Pursuant to the Administrative Measures for State-owned Enterprise Corporate Legal Advisers (2004) (the SASAC document governing the system), the role, rights and obligations of CLAs are set out. The policy objective is to ensure that SOEs are managed and operated in compliance with law and with proper legal advice. / SASAC leaders have claimed that the CLA system in SOEs has made great achievements in improving the risk management performance of SOEs. However, this thesis finds that SASAC has not properly addressed the ethical and role dilemmas commonly faced by Western corporate counsel. On the basis of the Western literature on corporate counsel and analysis of SASAC’s policies and the practice of SOEs, this thesis identifies the following key concerns with the CLA system of SOEs: the status and independence of CLAs, the qualification system for CLAs, the legal and professional regulation of CLAs, and the management structure and corporate culture of SOEs where CLAs work. Finally, the inherent problems caused by the power structure in SOEs, especially the role of senior cadres of the ruling Chinese Communist Party in SOEs, has not been resolved. / This thesis concludes that CLAs as corporate watchdogs in SOEs are still at the developmental stage. More empirical research of CLAs of SOEs is warranted to better understand how China, as an emerging world economic power, is to play on the international stage.