Submitted by Filipe dos Santos (fsantos@pucsp.br) on 2018-12-11T12:41:18Z No. of bitstreams: 1 Adair Loredo dos Santos.pdf: 1125875 bytes, checksum: 1d3818285716300d123b1f56dd164d7b (MD5) / Made available in DSpace on 2018-12-11T12:41:18Z (GMT). No. of bitstreams: 1 Adair Loredo dos Santos.pdf: 1125875 bytes, checksum: 1d3818285716300d123b1f56dd164d7b (MD5) Previous issue date: 2018-10-29 / In this study, the administrations of mayors of Gilberto Kassab and Fernando Haddad were analyzed with the intention of demonstrating the performance of democratic controls in the fight against corruption, as well as the practices in the public policy of the city of Sao Paulo during the period of their administrations. As a result, the case known as the "Audit Tax Mafia" was analyzed, which shows the State's fragility in containing, restraining, and extirpating these criminal organizations located within its core. It also emphasizes the importance of administrative actions and decisions aimed at interfering in partisan and personal political interests, or as reinforcers of practices of corruption and disorder. The study demonstrates that the institutional apparatus, which should exercise the function of control, suffers numerous negative interferences and, to a large extent, treats the cases superficially and without the rigor that a realignment of paths would require, as well as in the sphere of Justice. As a result, corruption becomes "institutionalized" and becomes a part of the current politicaladministrative system, within a promiscuous correlation between the executive and legislative branches and several other agents, among them lies a section of public officials / Neste estudo foram analisadas as práticas na política pública do município de São Paulo, no período das gestões dos prefeitos Gilberto Kassab e Fernando Haddad, a fim de demonstrar a atuação dos controles democráticos no combate à corrupção. Para isso, analisou-se o caso conhecido como “Máfia dos Auditores Fiscais”, o qual mostra a fragilidade do Estado em conter, coibir e em extirpar essas organizações criminosas instaladas em seu cerne. Além de ressaltar a importância de ações e decisões administrativas voltadas para a ingerência de interesses políticos partidários e pessoais, ou como reforçadores de práticas de corrupção e de desmandos. O estudo demonstra que o aparato institucional, que deveria exercer a função de controladoria, sofre inúmeras interferências negativas e, em grande parte, trata os casos de maneira superficial e sem o rigor que uma correção de rota exigiria, inclusive na esfera da Justiça. Com isso, a corrupção acaba “institucionalizada” e como parte do sistema políticoadministrativo vigente, numa correlação promíscua entre os poderes executivo, legislativo e diversos outros agentes, dentre eles, uma parte de funcionários públicos

Submitted by Filipe dos Santos (fsantos@pucsp.br) on 2017-04-06T12:48:31Z No. of bitstreams: 1 Kleber Bispo dos Santos.pdf: 1476369 bytes, checksum: 4b9e17fc7f4f7b932833463fdb9eb1d3 (MD5) / Made available in DSpace on 2017-04-06T12:48:32Z (GMT). No. of bitstreams: 1 Kleber Bispo dos Santos.pdf: 1476369 bytes, checksum: 4b9e17fc7f4f7b932833463fdb9eb1d3 (MD5) Previous issue date: 2017-03-30 / The leniency agreement stated by Brazilian Law no. 12.846/2013, also known as Anticorruption Act, is an extremely useful tool in preventing corruption because it provides for severe administrative sanctions to legal entities involved in practices that harm both domestic and foreign Public Administration, particularly in major agreements involving public works, infrastructure and the rendering of public services. However, before enactment of the Anticorruption Act, the Misconduct in Office Act, in Article 3, already provided for the liability of legal entities that induce, cooperate or benefit from misconduct practices, which are defined by law as being similar, and sometimes equal to the harmful practices outlined by the Anticorruption Law. In such a scenario, where two systems defining liability for legal entities coexist, and in view of the uncertainties and legal insecurity surrounding the adoption of leniency agreements, which is why this institute is scarcely used, and which in our view represents a drawback for society, we endeavor to present a reading and an interpretation of so valuable an institute by applying the principles enshrined in the Federal Constitution and by approaching issues such as the relevant requirements, the possibility to refuse a proposal, the agents endowed with competence to enter into leniency agreements, the effects thereof on other spheres or systems defining liability, with specific focus on the system under the Misconduct in Office Act, and also on the possibility that leniency agreements be made by legal entities under the system defining liability provided for the Misconduct in Office Act– Law no. 8429/92 / O acordo de leniência, previsto na Lei n. 12.846/2013, conhecida como Lei Anticorrupção, é instrumento de grande utilidade na prevenção à corrupção por prever severas sanções administrativas às pessoas jurídicas envolvidas em atos lesivos à Administração Pública nacional e estrangeira, sobretudo nos grandes contratos de obras públicas, infraestrutura e prestação de serviços públicos. Todavia, antes do advento da Lei Anticorrupção, a Lei de Improbidade Administrativa, por força do seu artigo terceiro, já previa a responsabilização de pessoas jurídicas que induzissem, concorressem ou se beneficiassem desses atos de improbidade administrativa, que em sua tipificação se assemelham e em algumas hipóteses até mesmo coincidem com os atos lesivos previstos na Lei Anticorrupção. Diante desse cenário, em que coexistem os dois sistemas de responsabilização das pessoas jurídicas, e considerando-se as incertezas e insegurança jurídica que giram em torno da adoção do instituto do acordo de leniência e que tem acarretado a sua pouca utilização, o que a nosso ver é uma perda para a coletividade, envidamos esforços para apresentar uma leitura e interpretação desse valioso instituto jurídico através da aplicação dos princípios previstos na Constituição Federal, abordando questões como requisitos para celebração, possibilidade de recusa da proposta, agentes competentes para celebração, efeitos sobre outras esferas ou sistemas de responsabilização com enfoque especial no sistema da Lei de Improbidade Administrativa, e ainda, sobre a possibilidade de celebração do acordo de leniência pelas pessoas jurídicas no sistema de responsabilização da Lei de Improbidade Administrativa - Lei n. 8.429/92

This research was aimed at investigating the management of teacher attrition in Sekgosese East Circuit. Teacher attrition is an on-going problem experienced by various countries, including South Africa. Although teacher attrition was always part of the departmental policy of age retirement, schools suffer as a result of it. In this study, ‘attrition’ refers to the number of teachers leaving the profession due to resignation, retirement, death, medical incapacity and retrenchment for operational reasons. Teacher attrition is regarded as a voluntary, involuntary and a continuous phenomenon. The current study focused on answering questions based on the nature of teacher attrition, the causes of attrition, the effects of attrition on learners, staying teachers and management, how attrition was managed by principals as well as the statutory bodies that may be involved in retaining teachers. The study used the qualitative method to investigate the management of teacher attrition in schools. The qualitative method was selected because it deals with participants in their natural setting, which was exactly what was done in this study. Both convenient and snowball sampling were used to sample six principals in the area under study. Semi-structured interviews were used to collect data from the participants in their natural setting. The interviews were recorded and later transcribed, analysed and categorised into themes. The findings revealed that teacher attrition in Sekgosese East Circuit occurs in the form of death, retirement and resignation. Teachers resign due to a number of reasons. It was found that resignation occurred as a result of the low salaries they are paid, loans which accumulated into more debts and because teachers seek greener pastures. The findings revealed that attrition was detrimental to learners’ performance. In schools that were affected by teacher attrition, learners spent three to four months without a teacher due to the slow pace of the Department of Education in replacing teachers. Principals revealed that they liaise with the Department of Education for replacement of teachers. Principals also revealed that attrition is not good for them as school managers. They rely on sourcing teachers from elsewhere and overloading remaining teachers who even have to teach those subjects in which they did not specialise. The recommendation was that the Department of Education speed up the replacement of teachers by introducing on-line application for resignation or retirement so that the two processes may run concurrently. / Educational Management and Leadership / M. Ed. (Education Management)

This study was conducted in the context of the regulation of professional nursing and midwifery practice in the Australian health care system. In this environment, professional regulatory authorities established by State and Territory legislation in all jurisdictions, regulate and control the work of health professionals. In Queensland, registered nurses, enrolled nurses and midwives are regulated by the Queensland Nursing Council, the statutory body created by the Nursing Act 1992 (Qld). Part of the regulatory role of this and other authorities is to discipline professionals whose conduct or behaviour falls short of appropriate and acceptable standards of practice. All regulated health professionals, including nurses and midwives, are potentially subject to professional disciplinary action if a complaint is lodged in relation to their conduct. This being an important issue in the management and delivery of health care, and an increased trend among health care consumers, the dearth of existing research into the disciplinary process is a major concern. This exploratory study examined the disciplinary role of the Queensland Nursing Council in adhering to its legislative mandate to ensure safe and competent nursing practice. The study focused on the extent to which structural (legislation and policy), professional, and process factors impacted on the outcomes of disciplinary Tribunals and Committees in cases of incompetent or unsafe practice and sexual misconduct. The study was situated within the interpretive paradigm using a case study approach. Specifically, it investigated cases of sexual misconduct by nurses and unsafe or incompetent practice by midwives. The study was guided by Donabedian's conceptual framework of structure-process-outcome. This framework was seen to be most suited to the aims of the study and provided a template for in-depth analysis of the data emerging from the two cases. The findings of this study provided insight into the factors underpinning the decisions of the disciplinary bodies in making determinations and formulating outcomes. There was found to be a lack of consistency and predictability in both the legislative frameworks and the interpretation of terms and concepts used to identify conduct warranting a disciplinary response from regulatory authorities. Although the processes of disciplinary proceedings are prescribed by both legislation and policy, their practical application was characterised by considerable challenges, which resulted in varying outcomes. The thesis reports this information so that it can be used as an initial basis to build a body of knowledge from practical experience with disciplinary proceedings that will inform future processes. Subsequent case studies in other contexts and systems will increase the level of knowledge available to nurses, other health care providers, health care institutions and regulatory authorities. The initial base of evidence suggests implications for practice, education and further research which are outlined in the final chapter of the thesis.

This study's purpose was to discover commonalities and differences among female predators and Florida female teachers who are perceived and reported to harass students sexually. When perceived and reported female sexual harasser and student safety was researched, a breath of studies did not occur. When current studies were reviewed, teacher sexual harassment continued to occur. In this qualitative study, ten Florida public school female teachers who were perceived and reported to sexually harass students were randomly selected. Findings indicted that further research is still needed on female teachers who are perceived and reported to sexually harass students. When researching the female teacher as a sexual predator, implications such as student safety in the public school system, school districts not reporting sexual harassment, and the need for additional research due to the minimal amount of completed research on the topic. When the differences and commonalities between female teachers who are perceived and reported to harass students sexually and female predators was studied, the results were not conclusive. The data displayed minimal commonalities and differences leaving no definitive answer but created numerous questions for future research. In addition, recommendations were made for school leaders and for future research.