Banca de QUALIFICAÇÃO: EVANDRO NUNES FRANCO

Uma banca de QUALIFICAÇÃO de MESTRADO foi cadastrada pelo programa.
STUDENT : EVANDRO NUNES FRANCO
DATE: 25/03/2024
TIME: 10:00
LOCAL: Ambiente Virtual
TITLE:

CONSTITUTIONAL COMPETENCIES OF AUDIT COURTS IN THE PROTECTION OF PUBLIC TENDER

KEY WORDS:

Public tender; Court of Auditors; external auditing of Public Administration; admission of personnel to the public service; constitutional competencies.

PAGES: 145
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

The Federal Constitution of 1988 privileged the admission of personnel to exert a professional relationship with the Public Administration through prior approval in a public examination. However, especially in States and Municipalities, the routine of Public Administration is guided by many patrimonial practices that end up not observing the principle of public competition in the admission of personnel to the respective public entity, requiring action from control institutions to enforce the constitutional mandate regarding the preference for filling positions and jobs via public competition. Among the constitutionally established control institutions is the Court of Auditors, which holds several powers focused on accounting, budgetary, financial, operational and patrimonial auditing, listed in article 71 of the current Federal Constitution, which has acted not only in relation to aspects focused on the budget and public finances, but in controlling the management of Public Administration human resource, which also involves monitoring compliance with the principle of public competition. Given this scenario, this research raises the question of which competences are conferred by the Federal Constitution on the Audit Courts that can be used in the defense of public tenders and how they are exercised. To reach an answer, an analysis was carried out using the deductive method, involving bibliographic and documentary research techniques, focusing on the doctrine on related matter and national and local regulations, and jurisprudence of the Constitutional Court and the Audit Courts, in the sense of, firstly, contextualizing the scenario of privilege to the public examination in a Public Administration in a scenario of an incomplete bureaucratic model; then, identifying aspects required to understand the functions and scope of external control exercised by the Audit Courts; and, finally, verify which constitutional powers of the Courts of Auditors fall within the context of protecting the principle of public tendering. At end, it is concluded that, in view of the current scope of external control of the Public Administration through the current constitutional, normative and jurisprudential parameters, the Audit Courts constitute a fundamental actor in guaranteeing the fundamental right to broad access to positions, jobs and public functions.

COMMITTEE MEMBERS:
Interno - 1687253 - ANDRE DE SOUZA DANTAS ELALI
Interno - ***.069.614-** - LEONARDO OLIVEIRA FREIRE - SESED
Presidente - 2199638 - VLADIMIR DA ROCHA FRANCA