A influência do controle externo sobre a política de ciência, tecnologia e inovação: limites constitucionais: estudo sobre a jurisprudência do Tribunal de Contas do Estado de São Paulo em relação às fundações de apoio

• Autor(a) principal: Tavares, João Batista
• 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/37308
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PUBLICO::DIREITO ADMINISTRATIVO

The Federal Constitution broadened the competences of the Audit Courts, concentrating them on the Accounting, Financial and Budgetary Control Section, which includes arts. 70-75, since, for state courts, the Federal Supreme Court (STF) jurisprudence has established the understanding that the federal model of organization, composition, and supervision is compulsory, in relation to the principle of symmetry, present at art. 75 of CF/88. As far as the inspection is concerned, up to the present day, the São Paulo Audit Court is not yet compatible with the powers provided for in CF/88. In addition, a serious problem has also been identified, in the process of law elaboration in São Paulo, unfortunately, the principle of constitutional symmetry was not respected. This situation, over time, has resulted in incalculable damage to the development of science, technology and innovation projects, as well as the improvement of São Paulo's own public administration, which was outdated in relation to other member states, especially with relationship with foundations of support. It is presented a new position of the Attorney General's Office, highlighting the problem caused by the State Court of Accounts and creation of the Public Advocacy Council. It is worth noting the historic decision of the State Executive Branch by publishing decree no. 62,817, dated 4.9.17, which updated the regulation (Federal Law 10,973/2004) regarding general rules to the State, as well as Complementary Law No. 1,049/2008, providing for other measures on state policy on science, technology and innovation. At last, the work highlights the responsibility of the Federal Supreme Court when rendering a decision in the Complaint that was presented portraying a problem experienced in the State, with the excesses practiced by the State Court of Accounts