Brazil Country Profile Overview
Brazil Country Profile Overview
BRAZIL
Public Administration Country Profile
Division for Public Administration and Development Management (DPADM) Department of Economic and Social Affairs (DESA) United Nations January 2004
All papers, statistics and materials contained in the Country Profiles express entirely the opinion of the mentioned authors. They should not, unless otherwise mentioned, be attributed to the Secretariat of the United Nations. The designations employed and the presentation of material on maps in the Country Profiles do not imply the expression of any opinion whatsoever on the part of the Secretariat of the United Nations concerning the legal status of any country, territory, city or area or of its authorities, or concerning the delimitation of its frontiers or boundaries.
Table of Contents Table of Contents........................................................................................... 1 Brazil ........................................................................................................... 2 1. General Information ................................................................................... 3 1.1 People.................................................................................................. 3 1.2 Economy .............................................................................................. 3 1.3 Public Spending ..................................................................................... 4 1.4 Public Sector Employment and Wages....................................................... 4 2. Legal Structure .......................................................................................... 5 2.1 Legislative Branch.................................................................................. 5 2.2 Executive Branch ................................................................................... 5 2.3 Judiciary Branch .................................................................................... 6 2.4 Local Government.................................................................................. 6 3. The State and Civil Society .......................................................................... 7 3.1 Ombudsperson ...................................................................................... 7 3.2 NGOs ................................................................................................... 7 3.3 Civil Society .......................................................................................... 7 4. Civil Service .............................................................................................. 8 4.1 Legal basis............................................................................................ 8 4.2 Recruitment .......................................................................................... 8 4.3 Promotion............................................................................................. 9 4.4 Remuneration ....................................................................................... 9 4.5 Training................................................................................................ 9 4.6 Gender................................................................................................. 9 5. Ethics and Civil Service ..............................................................................11 5.1 Corruption ...........................................................................................11 5.2 Ethics..................................................................................................12 6. e-Government ..........................................................................................13 6.1 e-Government Readiness .......................................................................13 6.2 e-Participation ......................................................................................14 7. Links .......................................................................................................15 7.1 National sites .......................................................................................15 7.2 Miscellaneous sites................................................................................15
Brazil
Brazil Click here for map of Latin America and the Caribbean Government type Federative republic Independence 07 September 1822 (from Portugal) Constitution 7th Constitution promulgated on 5 Oct 1988 (click here) Legal system Based on Roman codes; has not accepted compulsory International Court of Justice jurisdiction Administrative divisions 26 States; 1 Federal District
Source: The World Factbook - Brazil Source: The World Factbook - Brazil
razil is South America's biggest and most influential country and takes up almost half the continent. On the political front, Brazil went through turbulent facts. The Brazilian armed forces staged a coup on March 31, 1964, and they stayed on power until 1985. Later on, in 1989, Brazil completed its transition to a popularly elected government, and Fernando Collor de Mello became the first direct elected president in 29 years. In 1992, thought, a major corruption scandal led to his impeachment and ultimate resignation. Luiz Inacio Lula da Silva, commonly known as Lula, is the current president of Brazil. A former union leader, he is Brazil's first working-class president. He pledged social change and promised to eradicate hunger. On economics, Brazil has a history of boom and bust, with its attempts at development hampered in the past by high inflation and one of the biggest foreign debts. It has had to be bailed out in times of crisis, but economic reforms in the 1990s brought some stability to the country's finances. Reforms included privatization and the opening up of its markets. In addition, the country is facing increasing pressure to redress what some say is one of the world's most unfair distributions of wealth.
Sources: BBC Country Profile & U.S. State Department - Background Notes
1. General Information
1.1 People
Population Total estimated population (,000), 2003 Female estimated population (,000), 2003 Male estimated population (,000), 2003 Sex ratio (males per 100 females), 2003 Average annual rate of change of pop. (%), 2000-2005 Youth and Elderly Population Total population under age 15 (%), 2003 Female population aged 60+ (%), 2003 Male population aged 60+ (%), 2003 Human Settlements Urban population (%), 2001 Rural population (%), 2001 Urban average annual rate of change in pop. (%), 00-05 Rural average annual rate of change in pop/ (%), 00-05 Education Total school life expectancy, 2000/2001 Female school life expectancy, 2000/2001 Male school life expectancy, 2000/2001 Female estimated adult (15+) illiteracy rate (%), 2000 Male estimated adult (15+) illiteracy rate (%), 2000 Employment Unemployment rate (15+) (%), 2000 Female adult (+15) economic activity rate (%), 2000 Male adult (+15) economic activity rate (%), 2000 9.6iv 54
iv iv
Brazil
178,471 90,560 87,911 97 1.24 28 9 7 82 18 1.88 -1.93 13.4 13.6 13.1 13.2 13
Argentina
38,428 19,592 18,836 96 1.17 27 15 12 88 12 1.35 -0.06 14.3i 15
i i
Chile
15,806 7,982 7,824 98 1.23
1 a
27 12 10
c
86 14 1.48 -0.72
d
13 13 13 4.4
iii
1 1 1 2 2
13.5 3.2
ii
3.2ii 15iv 44 73
iv iv
4.1iii 7.9vi 35 73
vi vi
e
1 2 2
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Notes: i 1999/2000; ii 1991; iii 1992; iv 1999, Aged 10 years and over, Excluding the rural population of Rondonia, Acre, Amazonas, Roraima, Par and Amap, Month of September; v Aged 10 years and over, Months of May and October, 28 urban agglomerations; vi 2001, Fourth quarter of year
1.2 Economy
GDP GDP total (millions US$), 2002 GDP per capita (US$), 2002 PPP GDP total (millions int. US$), 2002 PPP GDP per capita(int. US$), 2002 Sectors Value added in agriculture (% of GDP), 2003 Value added in industry (% of GDP), 2003 Value added in services (% of GDP), 2003 Miscellaneous GDP implicit price deflator (annual % growth), 2003 Private consumption (% of GDP), 2003 Government consumption (% of GDP), 2003
Notes:
1 a
Brazil
452,387 2,593 1,311,503 7,516 5.8 19.1 75.1 12.8 56.9 19.3
Argentina
102,191 2,694 401,817 10,594 11.1 34.8 54.1 10.7 62.7 11.4
Chile
64,154 4,118 148,945 9,561
2 a
United Nations Statistics Division: Statistics Division and Population Division of the UN Secretariat; b Statistics Division and Population Division of the UN Secretariat; c Population Division of the UN Secretariat; d1 UNESCO ; d2 UNESCO; e1 ILO; e2 ILO/OECD 2 World Bank - Data and Statistics: a Quick Reference Tables; b Data Profile Tables ; c Country at a Glance
Brazil
4.7 5.1 3 2.9ii 1.9 1.3 1.8 10.5
1999
Argentina
1.4i 3.5 4.2 2.4ii 1.3 1.3 4.4 9.6
Chile
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a a
b b
Employment
Civilian Central Governmentv Sub-national Government5 (,000) (% pop.) (,000) (% pop.) (,000) (% pop.) (,000) (% pop.) (,000) (% pop.) (,000) (% pop.) (,000) (% pop.) (,000) (% pop.) 500.0 0.31 2,000 1.26 2,662 1.67 177.5 0.11 .. .. 295.0 0.19 .. .. .. .. .. .. .. .. .. .. .. .. .. .. 249.6 0.15 .. .. .. .. .. .. 6.05 2.16 2.16 3.61 0.34 0.37 0.46 .. .. 0.30 .. .. 0.70 0.58 0.58 1.20 0.69 0.74 0.59 0.69 0.74 0.59
Education employees
Health employees
Police
Armed forces
SOE Employees
Wages
Total Central gov't wage bill Total Central govt wage bill Average gov't wage Real ave. govt wage ('97 price) (% of GDP) (% of exp) (,000 LCU) (,000 LCU) .. 8.1 .. .. .. 12.2 16.5 .. .. .. 1.8 2.0 4.2 6.6 20.3 5.6 19.7 8.5 21.6
iii
a b
UNDP - Human Development Report 2002 Data refer to total public expenditure on education, including current and capital expenditures. As a result of a number of limitations in the data, comparisons of military expenditure data over time and across countries should be made with caution. For detailed notes on the data see SIPRI (2001). iv Averages for regions and sub regions are only generated if data is available for at least 35% of the countries in that region or sub region. v Excluding education, health and police if available (view Country Sources for further explanations).
2. Legal Structure
The
Federative Republic of Brazil has three Branches. According to Brazils Constitution, they are independent and harmonious among each other, in its Second Article. Moreover, the bodies the Union, 26 States, 1 Federal District, and 5,652 municipalities that compose the federation have autonomy, and the Republic is the only one that owns sovereignty. The president holds office for 4 years, with the prerogative to be re-elected once. The Legislative is bicameral, with deputies representing the people, and senators acting on behalf of the federative unities the States and the Federal District. The Judiciary guards the Constitution, and the state of law. The Public Ministry, which is a public autonomous organization, defends society concerns.
Sources: Government of Brazil Homepage - Information & U.S. State Department - Background Notes
The federal instance for the Legislative Branch is the National Congress. It is bicameral, consisting of the Federal Senate (81 seats; three members from each state or federal district elected according to the principle of majority to serve an eight-year term; one-third elected after a four-year period, two-thirds elected after the next four-year period) and the Chamber of Deputies (513 seats; members are elected by a population proportional representation of the States to serve a four-year term).
Fact box:: elections: last: 6 October 2002; next: 1 October 2006 (next to be held 1 October 2006). Election results: click here
The National Congress has the responsibilities, of dealing with the pluriannual plan; federal budget; development plans; creation, transformation, or extinction of positions and departments in the civil service, among others. The Chamber of Deputies is able to authorize, by two thirds of its members, a prosecution instauration against the President, Vice-president, and Ministries of Brazilian Republic. The Federal Senate possess the private responsibility of judging the President and Vice-president of the Federative Republic; approving, by secret vote, the choice of judges, president and directors of the Central Bank; and also authorizing State external financial operations.
Source: Federal Senate of Brazil - Constitution
The President of Brazilian Republic, assisted by the State Ministers, runs the Executive Branch (Brazils Federal Constitution, Article 76).
vi vii
Source of shaded boxes if nothing else stated: The World Factbook - Brazil Inter-Parliamentary Union - Women in National Parliaments
The President is the supreme commander of the Armed Forces in Brazil. Also, this position is able to establish the state of defense; commute penal sentences; send to the National Congress the Pluriannual Plan, and Fact box: chief of state the Budget Bill; and must present the public expenses of the previous and head of year to Legislative Branch. government: The President can, as well, participate of the legislative process. According to Article 61, of the Brazilian Highest Law, the President has the exclusive initiative of proposing laws about tax and budget issues, among others. The President may ask urgency for the bill.
President Luiz Inacio LULA da Silva (since 1 January 2003)
It is the objective of current President, Mr. Luiz Inacio Lula da Silva, to eradicate hunger in Brazil. Therefore, one extraordinary ministry for achieving this end was created at the beginning of his term.
Source: Federal Senate of Brazil - Constitution
The Judiciary Branch is composed by the Supreme Federal Tribunal; Superior Tribunal of Justice; Regional Federal Tribunals; Labor Tribunal; Electoral Tribunal; Military Tribunal; and Federative Unities Tribunals. The Supreme Federal Tribunal has the duty of guarding the Highest Law. It also is able to judge the highest members of the federal Executive and Legislative branches; any conflict among the entities that constitute the Republic; and any conflict between other country or international organization and the entities that constitute the Republic. The Superior Tribunal of Justice can judge the highest members of the state and Federal District Executive and Legislative branches; and any conflict among administrative and judiciary authorities of the entities that constitute the Republic. The tribunal cannot give to a federal law a different interpretation that another Federal Tribunal gave.
Source: Federal Senate of Brazil - Constitution
2.4 Local Government The Republic is composed by the Union, the States, Cities, and the Federal District, as well. The local governments replicate the Montesquieu model, mostly. Each Federative Unity (which can be either a State or the Federal District) has its Constitution, but they do not have sovereignty, but autonomy. There are currently the Union, 26 States (Acre, Amap, Amazonas, Par, Rondnia, Roraima, Tocantins, Alagoas, Bahia, Cear, Maranho, Paraba, Pernambuco, Piau, Rio Grande do Norte, Sergipe, Gois, Mato Grosso, Mato Grosso do Sul, Esprito Santo, Minas Gerais, Rio de Janeiro, So Paulo, Paran, Santa Catarina, and Rio Grande do Sul), one Federal District and 5,652 Cities. At Federative Unity level, the Legislative Assembly represents the Legislative Branch (for the Federal District Level, there is the Legislative Chamber); Governor and the Secretariats stand for the Executive Branch; and the States can organize their Judiciary Branches. At City level, the Chamber of Vereadores is the Legislative Branch: and the Mayor and the Secretariats represent the Executive Branch.
Source: Federal Senate of Brazil - Constitution
3.2 NGOs In Brazil the third sector issue is currently a topic of major debate in political forums, the press, and academia. Although non-profit and charitable organizations have long been a part of Brazilian society, they have become a focal point of discussion only over the past two decades. For instance, in 1995, the nonprofit sector in Brazil had operating expenditures equivalent of 1.5 percent of the countrys gross domestic product. Non-governmental Organizations are quite spread nowadays in the country. With their roots in church movements, Brazil has NGOs that cover mostly topics related to Human Rights: AIDS, Children Rights, Civic Engagement, Education, Food Security, Gender Rights, Governance, Health, Indigenous Peoples, Labor, Microfinance, and Poverty, among others. Moreover, many NGOs currently have the right in Brazil to try a new entitlement: Public Interest Civil Society Organizations. This means that those entities can be funded with public money, with certain limitations, as explained in law no 9,790/1999.
Public Interest Civil Society Organizations (OSCIP) Year
Quantity
1999
8
2000
83
2001
252
2002
531
2003
614
Sources: Ministry of Justice of Brazil - OSCIP & John Hopkins Non-profit Sector Project
3.3 Civil Society The participation of civil society and its awareness about participation are also shown in an increasing way. A 2003 study shows, for instance, that the direct participation in the biggest city of Brazil, So Paulo, increases, when related to local councils and programs. Also, Brazilian society deals a lot with volunteerism. It is estimated that 16% of the Brazilian population report contributing their time to nonprofit organizations.8 However, there is still a lot to do. According to Oxfam, one-third of the population, 59 million people, live in poverty. Women, children, minority groups, and indigenous people tend to be the poorest.
Sources: Development Gateway - Civic Engagement for Brazil, Oxfam - Brazil & John Hopkins Non-profit Sector Project
4. Civil Service
rom 1995 to 2002, the Federal Government of Brazil level underwent through a civil service reform, altogether with the reorganization of the Brazilian State itself. With the aim to increase productivity and professionalism in public sector environment, it was conducted, from 1995 to 1998, by the State Reform and Federal Administration Minister, Mr. Luiz Carlos Bresser Pereira.9 In 1995 was issued the State Reform Plan, which comprised a diagnosis about human resources, public administration and public sector labor market. As a strategy, the Plan suggested gradual actions, aiming for a managerial environment, where the citizen participation would be strengthened. Some of them are listed below: Training and Human Resource development program, in the government schools, for supporting that program. Exam admittance in Public Administration not only for positions in general, but also for strategic areas. Deepening of the implementation of a new labor culture, results-focused. Creation of laws related to the social organizations (public sector with State).
Source: CLAD - SIARE - Brazil
4.1 Legal basis The legal basis for a professional civil service starts in the Constitution. There, the positions in the public sector are accessible for those who fulfill with the requirements demanded by law. In addition, civil servants have the right for getting into strike, and there are quotes for people with specific needs. The law that takes into account about facts in the federal civil service life, and its possibilities, is the No. 8,112/1990. It is clear there are other rules, but these two are central for the Brazilian civil service.
Source: Civil Servant Website of Brazil - Legislation
4.2 Recruitment The employment process in Brazilian State is made mostly by exams and, most of them are national. Some of the careers in the civil service are quite well defined as diplomats, and defense, for instance. Nowadays, the great challenges for this area have to do with the quantity of civil servants retired and the ones who are on duty. The table below shows how it is relevant for the public sector, and therefore it is expected to increase the effort to recruit more people. Other policies as wage increasing in some State careers are also being done. For the record, in 1999, the average public sector wage was R$ 21,293.10
Source: CLAD - SIARE
9
From 1999 to 2002, it was conducted by the Ministry of Planning, Budgeting and Management. A table for wages in Dec/2003, in the Federal Executive Branch, Superior level, can be found at: [Link]
10
1998
936,845 539,421 373,258 1,849,524
1999
967,819 551,393 374,895 1,894,107
2000
964,798 546,348 385,560 1,896,706
2001
931,511 541,902 395,487 1,868,900
2002
883,192 538,537 405,237 1,826,966
Reference: Statistical Personnel Bulletin Sep 2003. Source: Civil Servant Website of Brazil
4.3 Promotion Among the modernization aims of the government of Brazil, there is the worry with the restructuring of its personnel management, for strengthening one progressive and agile State. Brazil civil service has many careers, in all branches. Some of them are pretty old and established, as diplomats (1947), but others are quite new, responding to new issues. In the middle of those, there are the careers of public policy officials (1989), and also environmental manager (2002).
Source: Civil Servant Website of Brazil
4.4 Remuneration The Constitution deals with this item in its Article 37, and Article 39. In the first one, it considers that remuneration of civil servants can be stipulated or altered only by specific law. The latter one Article 39 sets up that, for each position, due to its competency and complexity, there will be a different level of remuneration, always established by a definite law for this purpose.
Source: Federal Senate of Brazil - Constitution
4.5 Training Other aim for the modernization deals with constant training for civil servants. There are even some careers where this is mandatory like in diplomacy, defense and public policy. There are many different kinds of training in the government of Brazil. They range from eliminatory phases of national exams for the admittance of certain careers, to short courses and e-training. Also, in the National School of Public Administration (ENAP), it is offered, since 2002 a Master of Public Management, open to the public in general.
Source: ENAP - Training Events
4.6 Gender According to the Statistical Personnel Bulletin, from the Ministry of Planning, Budgeting and Management, the participation of women in civil servants workforce is quite similar with the mens sharing. Conversely, the situation changes significantly when the distribution of commissioned positions is analyzed. Whereas almost half of women are in the lowest commissioned level (1) in the Federal Executive Branch, only 18.9% are on the highest (6).
Source: Brazilian Civil Servant Website
Men
Quantity 247,909 % 54.3
Total
Quantity 456,482 % 100.0
Reference: Statistical Personnel Bulletin Sep 2003 Source: Brazilian Civil Servant Website Distribution of Commissioned Positions among Civil Servants in Federal Executive Branch of Brazil (gender) Levels
1 2 3 4 5 6 Total
Civil Servants
6,638 4,771 3,009 2,297 751 180 17,646
Women (%)
47.6 46.4 42.2 36.5 20.9 18.9 47.6
Reference: Statistical Personnel Bulletin Sep 2003 Source: Brazilian Civil Servant Website
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Rank 1 57 133
Country Highly clean Brazil Highly corrupt 9.7 3.9 1.3 8 12 8 0.3 0.6 0.7 9.2 - 10.0 3.3 4.7 0.3 - 2.2 4 8 6 9.5 9.9 3.7 4.1 0.9 - 1.7
Source: Transparency International - Corruption Perceptions Index 2003 Surveys Used: Refers to the number of surveys that were used to assess a country's performance. 17 surveys were used and at least 3 surveys were required for a country to be included in the CPI. Standard Deviation: Indicates differences in the values of the sources. Values below 0.5 indicate agreement, values between 0.5 and c. 0.9 indicate some agreement, while values equal or larger than 1 indicate disagreement. High-Low Range: Provides the highest and lowest values of the sources. Number Institutions: Refers to the number of independent institutions that assessed a country's performance. Since some institutions provided more than one survey. 90 percent confidence range: Provides a range of possible values of the CPI score. With 5 percent probability the score is above this range and with another 5 percent it is below.
According to Transparency International, Brazil faces some challenging problems. For instance, nepotism and political appointments to positions of trust effectively block professional careers in civil service environment. At all levels, Legislative representatives change party allegiances at will, practically. And, due to political rights lost during the military period, parliamentary immunity is broadly defined in the Constitution. That gives the chance to criminally suspect people possible to seek, and get protection from prosecution during term. Audit Courts (federal and state) have a broad mandate to exercising a supervising role over administrators. In accordance with the Constitution, they are also Legislative auxiliary off ices, but this role is scantly performed. Since their primary role is post festum, curbing corruption is usually dependent on the existence of improbable paper trails. Judicial processes are outdated, which allows for delays. And the police is perceived by the population as widely corrupt. Impunity is an important issue here and it is perceived as a stimulus to corruption. Communication is another important subject. At some States, the media is almost entirely owned by the same economic elites that dominate politics. Actually, many parliamentarians own radio and/or TV stations. Nevertheless, it is important to say the media has been very active in denouncing corruption cases, and the awareness against corruption is increasing among citizens. On 19 December 2003, the Executive Branch created the Corruption Combat and Public Transparency Council, in Brasilia. The Council has the responsibilities of
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suggesting procedures for controlling, the public transparency increase, as well as strategies for combating corruption. The new Council will have civil society entities, and government personnel, in an equal number of representatives.
Sources: Transparency International - Country Studies & General Ombudsperson's Bureau of Brazil
5.2 Ethics In 2000, the Presidency of Republic created an Ethical agency in its organization. It is one more instrument for empowering public service professionalism. It presented the Conduct Code for High Federal Bureaucracy, and it declares that, after leaving the government, the person who was in a high bureaucrat position, has to be under a quarantines state, in relation to a similar position. It is for 4 months, in general. A survey was carried out by the agency in March 2003. For the many agencies of the Executive Branch the results show that: 90% make the conduct rules public for their personnel; 80% check faults against the conduct rules; 67% have FAQs systems about conduct rules; 61% maintain Ethical Commissions; 59% provide conduct rules training; 45% identify the most susceptible areas for faults; 38% make the conduct rules public for the citizens; 25% protect participants in ethical management procedures; 20% check acquaintance about conduct rules.
Source: Brazilian Public Ethics Commission
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6. e-Government
e-Government Readiness Index: The index refers to the generic capacity or aptitude of the public sector to use ICT for encapsulating in public services and deploying to the public, high quality information (explicit knowledge) and effective communication tools that support human development. The index is comprised of three sub-indexes: Web Measure Index, Telecommunications Infrastructure Index and Human Capital Index.
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Web Measure Index: A scale based on progressively sophisticated web services present. Coverage and sophistication of stateprovided e-service and e-product availability correspond to a numerical classification.
Telecommunications Infrastructure Index: A composite, weighted average index of six primary indices, based on basic infrastructural indicators that define a country's ICT infrastructure capacity. Primary indicators are: PCs, Internet users, online population and Mobile phones. Secondary indicators are TVs and telephone lines.
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Human Capital Index: A composite of the adult literacy rate and the combined primary, secondary and tertiary gross enrolment ratio, with two thirds of the weight given to adult literacy and one third to the gross enrolment ratio.
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e-Participation Index: Refers to the willingness, on the part of the government, to use ICT to provide high quality information (explicit knowledge) and effective communication tools for the specific purpose of empowerring people for able participation in consultations and decision-making both in their capacity as consumers of public services and as citizens.
6.2 e-Participation
0.9 0.8 0.7 0.6 0.5 0.4 0.3 0.2 0.1 0
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e-Participation Index
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e-information: The government websites offer information on policies and programs, budgets, laws and regulations, and other briefs of key public interest. Tools for disseminating of information exist for timely access and use of public information, including web forums, e-mail lists, newsgroups and chat rooms.
e-information
25
e-decision making
e-consultation
20
15
10
e-decision making: The government indicates that it will take citizens input into account in decision making and provides actual feedback on the outcome of specific issues.
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e-consultation: The government website explains e-consultation mechanisms and tools. It offers a choice of public policy topics online for discussion with real time and archived access to audios and videos of public meetings. The government encourages citizens to participate in discussions.
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7. Links
7.1 National sites Authority Presidency of Republic Government Ministry of Treasury Federal Senate Chamber of Deputies Supreme Federal Tribunal Topic [Link] [Link] [Link] [Link] [Link] [Link]
Brazilian Civil Servant Website Public Ethics Commission National School of Public Administration
7.2 Miscellaneous sites Institution Centro Latinoamericano de Administracin Para el Desarrollo (CLAD) Development Gateway European Union (EU) Inter-American Development Bank (IADB) Organization of American States (OAS) Unit for the Promotion of Democracy (UPD) - OAS United Nations Development Programme (UNDP) UNPAN World Bank (WB) Topic [Link] [Link] [Link] [Link] [Link] [Link] [Link] [Link] [Link]
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