The dysfunctional control of the Public Administration

• Autor(a) principal: Fortini, Cristiana
• Data de Publicação: 2022
• Outros Autores: Henriques, Lívia Sales Magnani
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista de Ciências do Estado (Online)
• Texto Completo: https://periodicos.ufmg.br/index.php/revice/article/view/e40349
• topic: Administração Pública; Judicialização excessiva; Disfuncionalidade do controle; Temor; Ineficiência; Public administration; Excessive judicialization; Control dysfunctionality; Fear; Inefficiency; Administración pública; Excesiva judicialización; Disfuncionalidad de control; Miedo; Ineficiencia

With the redemocratization of the country and the consecration of the Democratic State of Law, the organs and means of control of the Public Administration were expanded, which culminated in the enactment of several laws and normative acts focused on the fight against corruption and with a view to improving of state management. Despite these facts having contributed to the evolution of the Brazilian anti-corruption system, with the outbreak of several operations specialized in organized crime, especially when introjected in the public service, what has been observed is that negative effects also arise from the true "flood" of actions of administrative improbity filed in recent years, often without taking into account the seriousness of the agents' conduct, nor the damage to the treasury. In view of this, contrary to the objective of the law, a true “climate of fear” was established in the Public Administration, since public agents began to retract their actions so as not to be subject to judicial accountability and all the embarrassing situations arising from that, compromising, thus, the much-desired administrative efficiency. Therefore, this study proposes to point out the causes and possible solutions to extinguish these disparities and enable the improvement of public governance, also aiming at achieving the goals proposed in the 2030 Agenda.