Banca de DEFESA: MARIA CLARA RIBEIRO DANTAS BEZERRA

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
STUDENT : MARIA CLARA RIBEIRO DANTAS BEZERRA
DATE: 09/01/2022
TIME: 15:00
LOCAL: UFRN - PROGRAMA DE PÓS-GRADUAÇÃO EM DIREITO / Videoconferência
TITLE:

PRINCIPLE OF ADMINISTRATIVE EFFICIENCY IN THE JURISPRUDENCE OF THE FEDERAL REGIONAL COURT OF THE 5TH REGION: ANALYSIS ON THE VALID LAW

KEY WORDS:

Principle of Efficiency. Alf Ross. Legal Realism. Federal Regional Court of the 5th Region.

 

PAGES: 131
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

This work aims to understand the normative content of the Principle of Efficiency (art. 37, caput, of the Constitution of the Republic). Such questioning is justified in view of the situation of legal uncertainty currently experienced in the neoconstitutionalism scenario, fostered by factors such as the increase in the power of the Judiciary, the assertion of legal norms with a high axiological load and permeated by indeterminate concepts, as concluded in the first chapter. The vagueness and imprecision characteristics of natural language become greater, making it necessary to investigate the meaning of legal texts with greater semantic indeterminacy, such as the term efficiency, raised to the category of constitutional principle with Constitutional Amendment No. 19 of 1998. To assist in this task, the second chapter carried out normative, doctrinal and documentary research on efficiency in the Brazilian legal system, noting that in at least three reforms of the Brazilian State, efficiency was present as a guiding value, although its meaning varies. From the affirmation in art. 37 of the Constitution of the Republic a lot has been written about the Principle of Efficiency, but given the situation of legal uncertainty, it was important to know how the Judiciary Power had been positioning itself on the subject. Thus, in the third chapter, we used the theory of Alf Ross, a realist philosopher who defines the valid law based on the observation of judicial decisions, a reflection of what the recipients of the norms – judges and courts – accept as socially mandatory. For Ross, the science of law is formed by assertions about what is the law in force according to reality, thus, in the fourth chapter, guidelines of the empirical method were applied to identify, in the jurisprudence of the Federal Regional Court of the 5th Region, what is understood by the law in force in relation to the Principle of Efficiency. A bibliographical, documental, legislative and jurisprudential research was used, with an exploratory and inductive approach. It was concluded that the TRF5 has not yet addressed the Efficiency Principle in depth, with a tendency to apply it together with other legal principles without delimiting its content. From some judgments, however, it is possible to extract that efficiency is considered as a valid law as a guide for economy and good administration, and that the violation of efficiency does not necessarily mean the violation of administrative probity.

 

BANKING MEMBERS:
Presidente - 1149575 - IVAN LIRA DE CARVALHO
Interna - 1753047 - MARIANA DE SIQUEIRA
Externo à Instituição - RICARDO CESAR FERREIRA DUARTE JUNIOR - UNIFACEX
Interno - 2199638 - VLADIMIR DA ROCHA FRANCA