Controle judicial da Administração Pública à luz do princípio da eficiência: viabilidade e parâmetros

Abstract

This dissertation tries to approach the judicial control of the Public Administration from the principle of administrative efficiency. To this end, the analysis will be broken into three main parts. The first part will deal with the evolution of the relationship between the law and the concept of efficiency, including its insertion as a principle-vector of the legal-administrative regime until its consolidation in the infra-constitutional normative diplomas, as well as examining the normativity of the principles and their use as a parameter of control of Public Administration. It will also investigate the historical link that led to the constitutionalization of administrative efficiency, highlighting the main "Administrative Reforms" that occurred in the last century and its relationship with the phases of the Brazilian Public Administration. The objective is to insert the problematic from the historical and normative context that involves the positivation of this norm-principle, highlighting the main influences that theoretically supported the Constitutional Amendment n.º 19/98. Afterwards, the legal feasibility of judicial control of administrative efficiency will be addressed, starting by decomposing the principle of administrative efficiency, and, then, exposing its nuclear command and the economic and legal aspects deriving from it, in order to facilitate the extraction of its effects as a control parameter of the Public Administration. Also, the extent of administrative discretion and touch points with the notion of administrative efficiency will be examined, analyzing whether this kind of control of the Public Administration invades or does not invade the field of discretion left to the public administrator. Finally, based on the legal feasibility of judicial control of administrative efficiency, the normative elements of this control will be addressed, inserting it in a systematic way according to the dogmatics already established in the subject of Public Administration Control. The work will conclude with the presentation of some practical applications of this form of control, based on the effectiveness of the application of the principle of efficiency in jurisdictional control.