Princípios constitucionais da administração pública: como o princípio da legalidade afeta o agir eficiente do gestor público?

Abstract

This work attempts to analyse the possible conflict between two constitucional principles, legality and efficiency, in the daily activity of the Public Manager. To achieve this work’s purpose there is a detailed description of the importance of governance to Public Administration as well as an explanation of it’s ruling principles. Before taking any decisions, the Public Manager has to be based in the guiding principles of Public Administration, so that his/hers actions can’t be declared null, so it’s possible that within Public Management exists a conflict between the principles of legality and effciency. This occurs because sometimes the obedience to strict legality entails finantial and economic damage to the State caused by Public Administration’s slowdown bureaucracy, what in thesis puts Public Management in an inefficient frame. Thus this work attempts to disclose – through the legal doctrine, governance doctrine, newspaper articles and jurisprudence – if there is indeed a restricted conflict to the efficiency of Public Administration caused by the relationship between the principles of legality and efficiency.