Banca de QUALIFICAÇÃO: MARCELO MONTEIRO BONELLI BORGES

Uma banca de QUALIFICAÇÃO de MESTRADO foi cadastrada pelo programa.
STUDENT : MARCELO MONTEIRO BONELLI BORGES
DATE: 21/04/2023
TIME: 08:15
LOCAL: Sala de Reuniões do PPGD
TITLE:

Fundamentals and theoretical juseconomic proposals for the institutional rescue of Public Administration decisions

KEY WORDS:

Law and Economics. Administrative decision making. Legal Consequencialism. Institucionalism. Control.

PAGES: 133
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUBÁREA: Direito Público
SUMMARY:

The Public Administration is the face of the State traditionally responsible for executing the public policies defined in the legislation and in the Constitution. Therefore, it is to be expected that the Administrative State has the best conditions to evaluate and decide on situations that claim for a public action in the realization of social rights established in state and sectoral planning. A history of deficiency in the administrative execution of social rights, combined with dubious and gaping choices made by public agents, shifted the final meditation on a considerable portion of social problems that demand a state action to the Judiciary and other control institutions. In order to rescue the institutional vocations of each of the entities that make up the Brazilian State, in order to resume functionality in the relations between the Powers, this dissertation aims to explore the juseconomic foundations and theoretical proposals for the institutional rescue of the Administration's decisions Public. The investigation carried out was developed through a theoretical-descriptive research, with the methodology guided essentially by legal dogmatics, based on a normative perspective of Law. The first part of the study provides the fundamental foundations of the research, with the presentation of economic fundamentals in situations of legal relevance, with the exploration of theories that allow the dialogue between Law and Economics and with the new theoretical proposals identified in Legal Pragmatism, Consequentialism and Empiricism. In sequence, Institutionalism is presented, as well as the latest legal reforms carried out, aligned with the theoretical proposals explored and aimed at rescuing the institutional capacities of Brazilian public institutions. With a dense theoretical base, jurisprudential research provides an overview of how the Federal Supreme Court, the Superior Tribunal of Justice and the Federal Court of Accounts are positioning themselves on the explored themes. The conclusion is that there is possibility and institutional effort, reflected in the legal reforms, for the revaluation of administrative choices in the implementation of public policies, provided the Administration adoptes measures and practices that reflect the effective absorption of the presented theoretical influxes, with reasoned decisions, justified and attentive to the legal and economic reality that will create.

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