O Direito fundamental a uma administração pública eficiente: análise da sua implementação no âmbito legislativo

Abstract

The following research has the main goal to investigate whether or not the Brazilian Legislative Power has effectively worked to, in the federal field, implement the fundamental right to an efficient public administration and, if that's the case, in what terms has that been done. The first chapter is dedicated to the principle of efficiency, constitutionalized by the Amendment no 19/98, which promotes an administrative reform that implements the new brazilian model of public administration: managerialism. The referred principle is attached to two great historical-legal phenomena: the new era of administrative law and neoliberalism. From the analysis of the doctrinal studies and official documents from the Administrative Reform of 1998, its possible to identify two essential elements to the principle of efficiency: rationalization of public administration activities and resources (economic efficiency), related to neoliberalism, and the search to promote the social interest in the best way possible (social efficiency), highlighting the influence of the new administrative perspective. The second chapter defends the recognition, in the Brazilian legal-constitucional order, of the existence of an implicit fundamental right related to an efficient administration, which is a consequence both from the democratic regime and the fundamental principles of human dignity and citizenship. That fundamental right generates to the Legislative Power the duties of respect, promotion and protection. As for the third chapter, it is dedicated to the exam of the amendment no 19/98 and some normative texts subsequent to it that deal with the public administration, in order to achieve the main goal of the research. The investigation is dedicated to analyzing compliance with the duty to promote and the two aspects of the principle of efficiency. Based on the results obtained in the final chapter, some reflections are made on the strenght of the elements of the principle of efficiency and on the behavior of Brazilian Legislative Power. The research uses the hypothetical-deductive method. It is qualitative, with descriptive purpose, and the technique is bibliographic and documentary.