RESPONSABILIDADE CONSTITUCIONAL DOS GESTORES PÚBLICOS: princípios, deveres e esferas de responsabilização dos agentes públicos

Abstract

This paper analyzes the constitutional discipline of accountability of public managers, focusing on the governing principles listed in the 1988 Magna Carta and on the ordinary legislation applicable to public managers. The study of the principles that govern public administration allows for the correct identification of the duties imposed on public agents, in particular, the duties of probity, accountability for their management and efficiency in dealing with public affairs, thus contributing to give effective protection of the administrative principles contained in the Constitutional Charter, as well as the effective accountability of agents who disrespect said principles. The scope of this study is to approach the spheres of accountability that public managers are susceptible to if they deviate from compliance with constitutional principles and the duties of probity, as this will make it possible to give effect to the constitutional protection aimed at ensuring the probity of public managers , which has proven to be a challenge these days. Thus, the accountability of public managers may occur in the civil, criminal, administrative and also political-administrative spheres, all as provided for in the Magna Carta of 1988. This intent will be achieved through research and analysis of the constitutional text and ordinary legislation related to public administration, in particular the Administrative Impropriety Law, the Penal Code, as well as, through the biographical review on the subject. The analysis showed that the constitutional accountability of public managers will occur whenever they disobey the constitutional principles and duties of probity, accountability and efficiency in the management of public resources, so that the protection of administrative probity will be implemented with the accountability of agents in the civil, criminal, administrative and political-administrative spheres..