Fatores institucionais explicativos das decisões do TCE-RS sobre as prestações de contas dos prefeitos municipais

Abstract

The Supreme Audit Institutions, such as Audit Courts, have a relevant role regarding Public Governance. In this context, this research has the aim to identify the factors with probability of explanation in relation to Pareceres Prévios (Previous Feedback) issued by TCE-RS in the processes concerning the provided accounts by Municipal mayors. The analysis of the evidence was carried by the light of New Institutional Theory, on Douglass North’s perspective, which presupposes that the aim of the institutions is to establish a structure of human interaction capable of reducing uncertainty in relationships in a given society. In other words, the Institutions are framed as formal and informal rules, which give foundation to the organizational actions. In this research, the formal rules refer to the regimental aspects related to provided accounts processes. The informal rules refer to non-standard procedures that may eventually represent constraints to TCE-RS for the issurance of an unfavorable Parecer Prévio. Based on the review of the theoretical and empirical literature, two main hypotheses were formulated, complemented by a set of twelve sub-hypotheses. The hypotheses were tested from variables related to formal rules and variables related to informal rules, and a logistic regression model is estimated, whose binary dependent variable is the Parecer Prévio issued: Favorable or Unfavorable. Were examined the processes related to the years 2005 to 2012 of 496 municipalities of the State of Rio Grande do Sul, 3,968 cases in total. The results of the estimated final model indicate that the decisions of the TCE-RS, in relation to the Parecer Prévio, are influenced by formal rules and by informal rules. The formal aspects refer to the Fiscal Responsability Law and to the nonconformities pointed out by the Audit Teams. While the informal aspects concern the form of provision of the Magistrate rapporteur of the process and the age, the socioeconomic condition of the Municipalities and the time of existence of the Municipalities. Aspects related to size and localization of the Municipality, as well as to the Mayor's Political Party, were also tested, but were not statistically significant. This research allows the society to know the TCE-RS, as well as the elements that influence its decision-making process. In addition, it provides an important contribution to the discussion of the dichotomy between the prevalence of technical or non-technical aspects in the decisions of TCE-RS.