ENCOURAGEMENT OF COMPLIANCE WITH ADMINISTRATIVE LABOR FINES IN BRAZIL

AN ANALYSIS FROM BEHAVIORAL SCIENCE

Abstract

The non-payment of administrative labor fines in Brazil represents a major problem for the State, particularly because it signifies a failure in a mechanism aimed at inhibiting irregular practices that violate fundamental labor rights in the country, in addition to a decrease in revenue. The use of behavioral approaches for the design of public policies has been growing and can support the diagnosis and formulation of solutions aimed at promoting compliance with the payment of these fines. The present study aimed to investigate the problem in light of Behavioral Science, reviewing central concepts related to this scientific field. A detailed description of procedures regarding the progress of labor administrative processes in Brazil was carried out. Based on this, electronic administrative processes of infringement notices were selected as study objects, with emphasis on the phases of decision at the first instance and imposition of fines, notification of the accused regarding this decision, and payment of the fine. The methodological resource proposed by the tool SIMPLES MENTE, developed by the Government Innovation Lab of the Brazilian National School of Public Administration – GNova–ENAP, was used to initially identify insights into behavioral elements indicated in the literature and practice. Then, intervention ideas were proposed for action in public policies, structured into three groups: suggestions for adjusting the content of the decision issued at the first instance and its respective notification; suggestions for changing the system related to the notification for fine payment; and suggestions for changing the system related to fine payment itself. The results indicate that possible interventions built upon the behavioral approach have the potential to encourage the payment of labor administrative fines, thereby strengthening this mechanism that deters irregular conduct and ultimately enhancing state protection of fundamental worker rights.