O princípio constitucional da eficiência administrativa: o mito da Administração Pública gerencial

Abstract

This article aims to analyze the principle of efficiency within the scope of Brazilian Public Administration, included, by Constitutional Amendment nº 19, of 1998, in article 37 of the Federal Constitution of 1988, aiming to verify the reasons for the difficulties in the practical applicability of this principle in routine administrative. To this end, the investigation will verify the determining reasons for the inclusion of efficiency among administrative principles, exploring the explanation of reasons for the amendment under analysis, as well as the compatibility of the principle insertion with the text of the Federal Constitution. This study focuses on the interpretative aspects of the principle of efficiency, focusing on its compatibility with the legal regime of public law. The research confirms that, more than 20 years after its inclusion in the constitutional text, the principle of efficiency has not achieved the intended effectiveness, making it necessary to abandon the illusory idea of adopting a managerial public administration. A systematic analysis of the literature was methodologically adopted, which is an effective and sufficient method to open up space for new approaches to the topic.