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[en] DISPUTE SETTLEMENT MECHANISM UNDER NAFTA AND MERCOSUL: DETERMINING LOGICS AND THEIR REFLEXES ON THE RELATIONSHIP BETWEEN STATE AND ENTERPRISE / [pt] MECANISMOS DE SOLUÇÃO DE CONTROVÉRSIAS NO NAFTA E NO MERCOSUL: LÓGICAS DETERMINANTES E SEUS REFLEXOS SOBRE AS RELAÇÕES ENTRE ESTADO E EMPRESALAURA DE CASTRO ZORATTO 28 July 2004 (has links)
[pt] A dissertação analisa os acordos de integração do Nafta e
do Mercosul,
especialmente a estrutura institucional e o mecanismo de
solução de controvérsias
de cada um deles. O trabalho analisa ainda como a lógica
determinante de cada
acordo afetou sua institucionalidade, criando marcos
distintos para a relação entre
Estado e empresa em cada bloco. Para tal, duas
controvérsias solucionadas no
âmbito de cada acordo foram selecionadas para análise,
buscando dar destaque à
atuação dos Estados e das empresas envolvidas no conflito.
Percebeu-se que o
acordo de integração norte-americano concede amplos e
pioneiros benefícios aos
investidores estrangeiros, de acordo com a lógica
hegemônica estadunidense,
enquanto o acordo do o Mercosul estabelece um mecanismo de
solução de
controvérsia essencialmente estatal, na tentativa de prover
seus membros com um
projeto contra-hegemônico, no qual a harmonia entre os
mesmos é crucial para o
sucesso do acordo. / [en] The dissertation analyses the North American Free Trade
Agreement
(Nafta) and the Mercosul agreement (the South-American
Agreement), especially
the institutional structure and the dispute settlement
mechanism of each
agreement. The paper also analyses how the determining
logic of each agreement
affected its institutionality, creating different patterns
for the relationship between
State and enterprise. For this purpose, two controversies
resolved under each
agreement were selected for analysis, emphasizing the role
played by states and
enterprises involved in the conflict. It was noticed that
the North-American
agreement concedes broad and new benefits to the foreign
investors, according to
the U.S hegemonic position. Mercosul, on the other hand,
implemented an
essentially State-based dispute settlement mechanism, in an
attempt to provide its
members with an anti-hegemonic project, in which the
harmony among them is
crucial for the Mercosul`s success.
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The "Equalizer" Administration: Managerial Strategies in the Public SectorCavalcanti, Bianor Scelza 08 April 2005 (has links)
The purpose of this dissertation is to understand the managerial "action" of public administrators in the management of their organizations within the Brazilian context.
The research seeks to understand the relationships between managers and formal management mechanisms by exploring the complementary nature of the effective managerial action in the face of structural deficiencies and flaws, considering the possibility of overcoming the structuralism-subjectivism dichotomy present in the construction of the Theory of Organizations.
Initially, the study provides a review of the literature on organizational design. It highlights the "goodness of fit" proposition on strategic choice issues concerning the main organizational variables design and organizational goal attainment. It also calls special attention to the emerging interest of designing theorists on interpretivist approaches to the matter, such that of Karl Weick.
A review of the the administrative reforms in Brazil is made from the perspective of the main stream organizational design conceptual framework. It highlights the complex dynamics of a constant search for differentiation and flexibilization subject to patterns of advances and reversals, due to the centrality, strength and pervasiveness of the bureaucratic model. It is concluded that in no single given moment, a public manager and his team, may count on a formal organizational design which attends the"congruency" criteria, devised by organizational design conceptual frameworks, to explain organizational results in different environmental sets. Although this conclusion may explain failure at the public sector, it can not provide understanding on the many instances of significative success attained by government operations in spite of inadequate formal administrative structures. This point calls for a better understanding from the interpretivist approach, on how public administrators, strongly associated with good organizational results, engage into transformative action, in order to superate administrative structures flaws and dysfunctional cultural patterns of conduct, structurally present and constantly reproduced, in vigorous developing countries, such as Brazil.
The dissertation transcribes the testimony of four outstanding public administrators, doing a deep incursion in the managerial real world of public administration, as subjectively defined by them and transformed by their engagement into action.Through the thematic version of the Oral History methodology, full segments of the complete interviews are categorized into the thirty two managerial strategies captured which are presented on a recategorized manner under eight main strategies: (1) Interchanging Frames of Reference; (2) Exploring the Formal Limits; (3) Playing the Bureaucracy Game; (4) Inducing the Inclusion of Others (5)Promoting Internal Cohesion; (6) Creating Shields against Transgressions; (7) Overcoming Internal Restrictions; (8) Letting the Structures Blossom. Each one of these eight blocks of strategies presented, deserves further reflexive interpretation by the author, on the light of the interpretivist approach to organizational design.
A final effort is made, now on theory building, for improving understanding on the matter. In order to find a significant meaning underlining all the strategies extracted from the "practical consciousness" of the interviewers as revealed in their report, the author resort to a metaphor. This metaphor helps to: (1) better describe and understand a not adequately treated phenomenon, namely, good results under inadequate structural social and organizational conditions; (2) reveal the logic and the meaning underlining all the strategies adopted to generate results under these unfaithful conditions; (3) name, accordingly to the nature of the managerial transformative social action involved, an open ended class of managerial interventions of a pragmatic sort driven by an ethics of results much common to good managers, that is, the concept of "managerial equalization"; and (4) give back to public administrators, represented by the interviewees, to be incorporated in their "discursive consciousness", something the most effective and experienced public managers already have as tacit knowledge built in their "practical consciousness", and so, help the education and development of new talents. / Ph. D.
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