O princípio constitucional da eficiência e a improbidade administrativa: a ineficiência como imoralidade qualificada pelo resultado

Abstract

The current study analyzes the possibility of improbity act configuration due to violation of the constitutional principle of efficiency in the Public Administration. Understanding the phenomenon requires that one determine a principle concept, it’s characteristics and functionality in Administrative Law. It also demands distinguishing patrimonial, bureaucratic and New Public Management models of Public Administration, in order to inquire possible administrative efficiency forms and contents. Improbity, whose study is premised by the administrative morality explanation, reveals itself in different and renewed shapes, and the understanding that it is restrict to illicit enrichment or immediate public purse damages acts is already antiquate, also showing itself as the severe principles violation, including the efficiency one. It urges to demonstrate not only the concept, the characterization and the subjective element of improbity acts typified by the Law 8.429/92, but also, with the construction of a hypothetical casuistry, the ways with which the studied principle inspires that legal diploma interpretation.