OSSIFICAÇÃO ADMINISTRATIVA E MEDO DO CONTROLE EXTERNO DA ADMINISTRAÇÃO PÚBLICA: há espaço para uma solução dialógica e deferente?

Abstract

After the redemocratization and the promulgation of the 1988 Constitution, the structures of control over state action were strengthened, which was necessary and undoubtedly beneficial for society. However, the way in which control has been expanded and the rigidity with which state acts are scrutinized by competent agencies, in response to corruption scandals, have generated a climate of fear in the Administration. The so-called "ossifying the rulemaking process" is a manifestation of this fear, in which public managers avoid making decisions for fear of being held accountable to control. In this context, this monograph identified a fertile ground to discuss whether the contemporary model of control limits the freedom and efficiency of administrative action. Based on these reflections, the aim was to evaluate whether administrative oversight in Brazil has generated inefficiencies, inertia, lack of proactivity, transfer of administrative competences and legal uncertainties, proposing solutions to improve it. The analysis proposed here is based on legal-dogmatic bibliographic research and follows the critical-dialectical method, focused on the main authors who address the subject. To reverse this situation, it is necessary to resignify the control structures, promoting a more empathetic and consequentialist relationship between controlled and controllers, which encourages dialogue and collaboration for a more efficient public management.