A sedimentação sócio-histórico-cultural dos vícios patrimonialistas ante a efetividade do princípio da impessoalidade

Abstract

The present research work aims to analyze the socio-historical-cultural sedimentation of patrimonial vices in the national legal system, specifically with regard to the effectiveness of the principle of impersonality. In this context, using a research approach that allows for an in-depth and critical analysis of the topic. The central problem that drives the study is to understand the reasons for the systematic empire of patrimonialism in the Brazilian State. The general objective of the research is to critically analyze the problems generated by patrimonialism in Brazil, based on the verification of legal provisions, judicial decisions and administrative acts that contain patrimonial defects. The epistemological evolution of the three models of public management in Brazil is verified: patrimonial, bureaucratic and managerial. A brief sociological and cultural analysis of patrimonialism in Brazil as a cultural identity and as a social pathology is carried out. The current reverberation of patrimonialism in the Executive, Legislative and Judiciary branches is studied. The effectiveness of the principle of impersonality, the relationship of impersonality with the expressed principles of Public Administration, the contradiction of supervisory bodies, as well as the prohibition against nepotism are analyzed. Starting from a hypothesis, falsification tests are then applied to provide specific arguments and evidence that support the validity or otherwise of the hypothesis. To this end, the hypotheticaldeductive and argumentative approach method, the bibliographical research source, the techniques of the referent, the category, the operational concept and the record will be used