Burocracia, procedimentalização e processualização no direito brasileiro

Abstract

This paper examines some aspects revealed by the so-called “bureaucratic public administration” and then highlights the importance that the procedures and processes, if adopted in the right way, have in the referral of questions by administrators against the State. The relationship between the (in) efficiency of the public administration and the bureaucracy is analyzed through the re-reading of the procedural schemes proper to the Weberian bureaucracy theory, in a perspective that safeguards the indispensable legal certainty that should guide the state performance. The investigation also includes the constitutional delimitation of the legal meaning and scope of “proceduralisation” and “processualization” within the scope of bureaucratic public administration.