O princípio da eficiência na administração pública e reflexões sobre como vê-lo mais respeitado no âmbito do funcionalismo público

• Autor(a) principal: Jungmann, Luiza Greenhalgh
• Data de Publicação: 2018
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://repositorio.pucsp.br/jspui/handle/handle/34860
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PUBLICO::DIREITO ADMINISTRATIVO; Eficiência administrativa; Princípio constitucional da eficiência administrativa; Princípio da eficiência administrativa; Administrative efficiency; Constitutional principle of administrative efficiency; Principle of administrative efficiency

Initially, this paper aims to provide an understanding of the main doctrinal im-plications of the principle of efficiency positived in article 37 of the Federal Constitution. Thus, said precept will be studied: (a) as a functional duty of the administra-tor; (b) in the context of administrative discretion, aiming at reaching an excellent so-lution; (c) as a concept that is used to organize, structure and discipline the Public Administration; (d) as a fundamental right to good Administration; (e) differentiating its application in public and private spheres and (f) differentiated from the concept of administrative efficiency. Secondly, this paper aims to present a reflection on how to see the principle of efficiency more respected by public agents. In this sense, it has been concluded that the precept can be more observed if: (i) agents seek to act with proficiency, re-sources’ maximization and aim to produce the most satisfactory results according to public purposes; (ii) there is stronger control of this precept (which is a simple con-sequence of the positivation of the principle in the Constitution); (iii) it is more dis-seminated or taught or recalled from time to time in its entirely dimension to public agents (iv) certain principles of administrative organization linked to the efficiency principle are observed. Besides that, citizens must claim to Ombudsmen or similar bodies in case of lack of administrative efficiency, and initiate other measures of su-pervision if necessary (popular actions’ propositions, report irregularities before the Federal Court of Auditors, question the legitimacy of municipal accounts and parti-cipate in public consultations and hearings). Also, the scoring system for server gra-tuities in the Executive, Judiciary and Legislative Powers and in the Federal Public Prosecution Office needs to be more observed so that we have performance evalua-tion processes that really guarantee rewards based on effort and result. Finally, the paper concludes that there must be a transparent and exempt procedure in the “in-dication, nomination and maintenance of positions and public functions", and only objective factors must be considered in these cases.