Limites ao provimento dos cargos em comissão sob o prisma dos princípios da administração pública

• Autor(a) principal: Pavani, Daniela Elias
• Data de Publicação: 2014
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações do Mackenzie
• Texto Completo: http://dspace.mackenzie.br/handle/10899/23829
• topic: administração pública; cargos de provimento em comissão; discricionariedade; princípios constitucionais; controle; nepotismo; public administration; at-will appointment; discretion; constitutional principles; control; nepotism; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO

The paperwork deals with offices, in particular, the limits imposed by legal system about at-will appointment to their candidate. The study starts from the analysis of public administration in Brazil, its characteristics and the implemented reforms over the years in order to improve it and to overcome rooted patrimonial practices in the Brazilian state. After examining the offices in general, the approach rests on the at-will appointments, the reason for its existence, the discipline afforded to them under national legal system, as well as the limits prescribed by law or arising from the constitutional principles on the appointment to their future occupants. This term paper deals with the control being exercised by the Public Administration itself, the Legislative (either directly or with the aid of the Court of Auditors) or by the Judiciary in relation to the appointment act and it seeks to identify possibilities of illegality (in the broadest sense) of that act, either for an offense against law or principles. The study points out that, unlike the understanding enshrined in binding precedent n. 13 of the Supreme Court, the appointment of relatives to offices, a practice known as nepotism, does not necessarily imply in offense to constitutional principles. The conclusion reached is in the sense that, in the absence of a formal law about the requirements to be met by the future occupant of an office, only the examination of the case peculiarities allows identifying potential harm to the Federal Constitution.