O controle da administração pública no estado democrático de direito: reflexões sobre os desafios práticos à atividade controladora eficiente

Abstract

It is known that the Brazilian legal-administrative order has been gradually improved in order to structure a State capable of meeting collective and individual aspirations. Among the most striking changes in Administrative Law is the modification in the traditional perception that the Public Power is binded to the law. Indeed, with the process of constitutionalization, the principle of legality gains new contours, changing into the principle of legality, which includes the subordination of the administrator's performance to the legal system. This new conception ends up expanding the forms of control of administrative acts. In this sense, the present academic work proposes to analyze the control of the Public Administration and the effectiveness of the set of existing mechanisms, through which the power of inspection and review of the administrative activity in any of the spheres of Power is exercised. It seeks to demonstrate that control cannot be interpreted as an end in itself, but as a mere instrument for improving the performance of the Public Power.