O princípio constitucional da eficiência na administração pública

• Autor(a) principal: Guimarães, Daniel Serra Azul
• Data de Publicação: 2007
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://tede2.pucsp.br/handle/handle/7660
• topic: Eficiência na administracao publica; Administracao publica -- Brasil; Efficiency among the Public Administration; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO

Recently, the Constitutional Amendment nº 19/98 inserted efficiency among the Public Administration's constitutional principles. We seek to identify it's logical structure, contributing to the analysis of its semantic possibilities and yet approach some pragmatical aspects. The subject is still incipient on jurisprudence, besides treated with certain doses of passion for involving necessarily ideological disputes. Besides that, recent transformation on the context in which refer to the public administration's constitutional discipline, typical of the "post-modernity", Hinder the accommodation of the values at stake and the consequently systematization. The Welfare State's advent and it's transition to the contemporary State caused deep transformation on it's functions, with relevant consequences on jurisprudence, having constant adaptations to the growing profile at the same time more democratic and active, looking towards rights constitutionally assured. The dimensions to the states problem's treatment are transformed too, as the traditional state is too big to solve local problems e too small to deal with national issues, imposing redefinitions as consequences over the public interest's concept. Considering the conditioning of the pre-comprehension, deserve attention the inherent transformation to the conjuncture in which will be given jurisdictional overcome of the principle in exam. The pragmatical changes brought by the "post-modernity", coincide with a momentum of legitimacy's exhaustion of the bureaucratic model, and have being fertile field to strengthen neo-liberal ideas tending towards implementation, in the public administration, of formulas relevant to the pragmatical-management model. In these context emerged the Constitutional Amendment nº 19/98 that, seeks the proximity between brazilian's public administration and the management model, with emphasis in results, promoted changes in the relevant constitutional discipline and includes among the public administration's constitutional principle efficiency. The construction of it's context made here in consonance with the others principles that inform the administrative-juridical regime, comprehended to a dogmatic juridical-constitutional with a open procedure character, having as a touchstone the right legal process and with a subjacent paraconsistent logic. The definition proposed here for it's syntactic function excludes the possibility of a collision between efficiency's principle and the other principles of the administration, concern of many studious of the subject