Controle jurisdicional do or??amento para a efetiva????o de pol??ticas p??blicas priorit??rias

• Ano de defesa: 2017
• Autor(a) principal: Costa, C??sar Augusto Nardelli
• Orientador(a): Ribeiro, Diaulas Costa
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Universidade Cat??lica de Bras??lia
• Programa de Pós-Graduação: Programa Strictu Sensu em Direito
• Departamento: Escola de Humanidade e Direito
• País: Brasil
• Palavras-chave em Português: Direito econ??mico; Vincula????o do or??amento; Devido processo or??ament??rio; Controle jurisdicional
• Área do conhecimento CNPq: DIREITO
• Resumo em Inglês: The objective of this study is to present the possibilities of jurisdictional intervention in the public budget, especially regarding the discussion, about the contribution of the Public Prosecution Service to the realization of fundamental rights through the judicial intervention in the public finances. The theme is part of the public budget problem in Brazil - object of theoretical revision in recent years, in the face of the progressive constitutionalization of the presuppositions of its understanding, in what can be called Due Budget Process. In this perspective, the finances of the State should reflect the priority public constitutional policies and the optimization of the administrative activity, as well as the result of a wide democratic discussion. In addition, it is necessary to discuss the binding effectiveness of budget laws in the period of their validity, which requires valid reasoning for hypotheses of change or contingency. Legitimate alternatives are presented that allow the success of judicial intervention in Public Finance when there is a flagrant violation of the legal order. In addition, the extrajudicial action of the Public Prosecutor's Office allows the resolution of constitutional conflicts with more speed and effectiveness. On the other hand, repressive action and judicial correction are indispensable tools for guaranteeing the community in all cases where preventive action is not successful. The work was developed through bibliographical and documentary research, being consulted publications referring to doctrine and jurisprudential documents.
• Link de acesso: https://bdtd.ucb.br:8443/jspui/handle/tede/2322

The objective of this study is to present the possibilities of jurisdictional intervention in the public budget, especially regarding the discussion, about the contribution of the Public Prosecution Service to the realization of fundamental rights through the judicial intervention in the public finances. The theme is part of the public budget problem in Brazil - object of theoretical revision in recent years, in the face of the progressive constitutionalization of the presuppositions of its understanding, in what can be called Due Budget Process. In this perspective, the finances of the State should reflect the priority public constitutional policies and the optimization of the administrative activity, as well as the result of a wide democratic discussion. In addition, it is necessary to discuss the binding effectiveness of budget laws in the period of their validity, which requires valid reasoning for hypotheses of change or contingency. Legitimate alternatives are presented that allow the success of judicial intervention in Public Finance when there is a flagrant violation of the legal order. In addition, the extrajudicial action of the Public Prosecutor's Office allows the resolution of constitutional conflicts with more speed and effectiveness. On the other hand, repressive action and judicial correction are indispensable tools for guaranteeing the community in all cases where preventive action is not successful. The work was developed through bibliographical and documentary research, being consulted publications referring to doctrine and jurisprudential documents.