Detalhes bibliográficos
| Ano de defesa: |
2016 |
| Autor(a) principal: |
Abbud, Wassila Caleiro
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| Orientador(a): |
Cammarosano, Márcio |
| Banca de defesa: |
Não Informado pela instituição |
| Tipo de documento: |
Dissertação
|
| Tipo de acesso: |
Acesso aberto |
| Idioma: |
por |
| Instituição de defesa: |
Pontifícia Universidade Católica de São Paulo
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| Programa de Pós-Graduação: |
Programa de Estudos Pós-Graduados em Direito
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| Departamento: |
Faculdade de Direito
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| País: |
Brasil
|
| Palavras-chave em Português: |
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| Palavras-chave em Inglês: |
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| Área do conhecimento CNPq: |
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| Link de acesso: |
https://tede2.pucsp.br/handle/handle/18855
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Resumo: |
The aim of this dissertation is to investigate the principle of administrative morality according to Brazilian Federal Constitution of 1988. Throughout the research, an evolutionary line of the concept has been outlined, beginning at its origins in legal French doctrine until its reception among Brazilian legal system. The high occurrence of corruption incidents observed in the country, mainly in State contractual activities – when frequently private interests are privileged at the expense of public welfare – justifies the choice of study object. Contrastingly, significant improvements were made by Brazilian institutions, meaning that Brazil is nowadays certainly equipped by both a solid democratic structure and a legal system to support and deal with the problem. From the perspective of the 1988’s Constitution, the separation between morality and law was used as a basic assumption in this study, ensuring the subjection of administrative activity to legal standards - comprised of legal rules and principles. Thus, the legal strand adopted in this work is the one that interprets administrative morality as a non-autonomous content, which is closely bound to legal morality. As a result, this study pursued to address the relationship between contractual activity carried out by Brazilian Public Administration and Control, taking into account the principle of administrative morality, considering different degrees of offence against the law: legal rules, administrative morality and administrative probity. As to the methodological aspect, qualitative research has been carried out, based on historical documents, consultation of norms and analysis of theoretical strands that deal specifically with issues of administrative morality, specially to what refers to the legal regime adopted by the Federal Constitution. At the end of this research study, it has been drawn the conclusion that the administrative morality principle is one of great relevance for Administrative Law, playing a major role in contractual activity in Public Administration |
