Princípios do compliance constitucional como instrumento de concretização do direito fundamental à boa administração pública no Brasil

• Autor(a) principal: Rocha, Leonardo Bolelli da
• Data de Publicação: 2022
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório da Faculdade de Direito de Vitória
• Texto Completo: http://191.252.194.60:8080/handle/fdv/1535
• topic: Compliance constitucional; Direito fundamental à boa administração pública; Garantias constitucionais individuais; Integridade; Direito

The present study proposes a system of Constitutional Compliance as a possibility for the constitution of a radically anti-totalitarian, democratic and integral Public Administration. Through contextual explanation, the research proposes to answer the following research question/problem: the recognition and application of the principles of good governance; of integrity; and interdisciplinarity can contribute to the realization of the fundamental right to good Public Administration, in the light of the legal philosophy developed by Ronald Dworkin, in the paradigm of the Democratic State of Law? Its core is Ronald Dworkin's legal philosophy, which inserts in the discourse of Constitutional Law a new paradigm - critical hermeneutic - of the Constitutional Compliance system, which will serve as an epistemological basis for a speech that combines the post-positivist legal foundation of integrity with the scientific methodology proposed by Karl Popper of falsifiability, without, however, moving from the horizon of limits imposed by constitutional guarantees. From the analysis of his main works - Taking Rights Seriously (1977); A Matter of Principle (1985); Law's Empire (1986); Freedom's Law (1996); Justice in Robes (2006); Is Democracy Possible Here? Principles for a New Political Debate (2006); and Justice for Hedgehogs (2011) - there is more than the proposal of a normative theory for compliance in Public Administration, but the defense of the realization of the fundamental right to good Public Administration, the cornerstone of contemporary constitutional democracy. Therefore, its approach is necessarily interdisciplinary, as it dialogues through different discourses: the legal, the good governance, the political, the accounting, the public administration, the ethical, the aesthetic, the philosophical... In this aspect, the study performs an analysis of the theory of Law as integrity as a theoretical framework of the system of Constitutional Compliance in Public Administration, with a methodological approach to the scope of the Executive Branch, insofar as the Oxford professor believes in the revitalization and fulfillment of fundamental rights, a landmark of the Democratic State of Law, symbolic space of constitutional democracy advocated by him. What is intended is a synthesis of integrity, through which principles for good public governance can be established. Finally, it criticizes this amalgamation between Dworkin's theory of integrity and the realization of the fundamental right to good Public Administration and concludes that the recognition and application of the principles of the Constitutional Compliance system of good governance; of integrity; and interdisciplinarity can contribute, in the light of the legal philosophy developed by Ronald Dworkin, to the realization of the fundamental right to good Public Administration, in the paradigm of the Democratic State of Law, provided that they are (i) applied cumulatively and (ii) respected the limits provided for in individual constitutional guarantees, so that integrity is the key to understanding the practice of the Constitutional Compliance system and the 'Empire of Integrity' is defined by the territory of the Constitution, by the attitude of constitutionalism, but also by the process of democracy.