A legalidade da celebração do Termo de Ajustamento de Conduta (TAC) no âmbito correcional do Poder Executivo Federal

Abstract

This paper analyzes the legality of the Conduct Adjustment Agreement (TAC) in the context of the disciplinary sphere of the Federal Executive Branch, in view of its provision by an infralegal normative act. Initially, it has been discussed the consensual administrative action, as an important characteristic that has guided the Public Administration in the performance of its duties nowadays, presenting the TAC as one of its mechanisms. Then, the disciplinary sphere has been addressed, thereby detailing the TAC ́s characteristics in accordance with the Normative Instruction no 4, dated February 21, 2020, enacted by Controladoria-Geral da União, which regulated this instrument within the disciplinary scope of the Federal Executive Branch. Hence, the principle of legality and other principles that govern the Public Administration were further analyzed: efficiency, reasonableness, proportionality and supremacy of the public interest, thereby establishing the relationship between these principles and the consensual administrative action, and more specifically with the TAC, as well as the relationships among these principles themselves.