Princípio da supremacia do interesse público e princípio da insignificância

• Autor(a) principal: Vecchi, Deise Cristina Inácio
• Data de Publicação: 2017
• 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/33837
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PUBLICO::DIREITO ADMINISTRATIVO; Princípios constitucionais; Administração Pública; Interesse público; Constitutional principles; Public Administration; Public interest

This monograph deals with the possible conflict between the principles governing public administration and, in particular, the possibility of confronting the principles of the unavailability of the public interest and the principle of efficiency. It brings to reflection the understanding of thinkers as to what is principle and the indispensability of pondering among them, knowing that the principles do not indicate conduct, but establish the ideal to be followed. It deals with the supremacy of the public interest and its meaning, towards fundamental rights, to the individual right and the material patrimony of the State. It brings to the reflection the need of the administrator to first identify what kind of public interest is being dealt with and then apply the technique of weighting to know which principle will overlap in the concrete case and thus enable the State to properly fulfill its mission. It also indicates that the pursuit of the principle of efficiency can not imply a violation of legality, necessarily when the public interest concerned is a right or a constitutional guarantee. Legal omission can not prevent such an application. Another point addressed is the principle of insignificance, traditionally known as the principle of criminal law, which is slowly being introduced into the public administration. Notwithstanding such a postulate, I find many times a limiting factor, which is the principles of legality and administrative morality. Finally, it presents the need for insignificance to be studied from various angles of administrative law, but also brings to the discussion the issue of consensuality in public administration as a tool capable of optimizing scarce public resources and triggering a more efficient administration