Administração pública burocrática e gerencial: dois paradigmas e o direito brasileiro

• Autor(a) principal: Spina, Guilherme Malaguti
• Data de Publicação: 2021
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://repositorio.pucsp.br/jspui/handle/handle/24499
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO; Administração pública; Burocracia; Direito administrativo; Public administration; Bureaucracy; Administrative law

The present study seeks to investigate descriptively the two paradigms that served as inspiration throughout the 20th century and early 21st century for the current configuration of Brazilian public administration and the administrative law that regulates it: the weberian bureaucratic model and the post-weberian managerial model. It also seeks to demonstrate that both of them have, each one, its own identity and can, therefore, be conceived distinctly, but that, at the same time, they have a common root that permits their concomitant use in the Brazilian context. This shared origin can be found in two more notions of Weberian thought: the rational state and the process of rationalization of Western civilization, also addressed in the study. In addition to an apparent opposition, throughout the reform movements of the Brazilian State, an institutional design can be perceived that seeks references in both paradigms, a circumstance that is often not adequately understood by dogmatic studies of national administrative law. This study aims to explain the proximity between political science, state theory and law, so that dogmatic administrative law will have this additional instrument for a proper understanding of its object of study, Brazilian positive law. To this end, a description was made of the history of Brazilian public administration over the last 100 years, and four institutes in force in positive law were analyzed: public competitive civil service exams, civil servant stability, management contracts, and regulatory agencies. In this way, the intention was to prove: 1) the hybrid character of administrative law, which has two matrices, and 2) that the system's aggregating element is the Western concepts of rational state and rationalization, which pervades both. Two Weberian methodological concepts were used: the ideal type and axiological neutrality, in order to establish an objective comparison between the bureaucratic and managerial models and the national reality, devoid of passions and personal preferences