Adoção da gestão estratégica em órgãos e entidades públicos: normatividade jurídica frente ao direito fundamental à boa administração pública

Abstract

The social demand for the State to be increasingly capable of meeting, in an efficient, effective and effective manner, the needs and expectations of citizens, respecting, protecting and promoting fundamental rights (especially social rights) is a reality which is imposed. Thus, the present work aimed to analyze the legal regulations regarding the formal and systematic adoption of strategic management in public bodies and entities (as a more comprehensive way of managing an organization) in view of the fundamental right to good Public Administration. Therefore, it was necessary to characterize the principle of good administration and its interfaces within the scope of administrative law; discuss the fundamental right to good public administration in the Brazilian constitutional and infraconstitutional perspectives; point out the relationships between public organizational strategic management and the fundamental right to good public administration; verify, within the scope of administrative law and its sub branches, the legislation potentially applicable to the adoption of strategic management by public bodies and entities, as well as the jurisprudence related to the subject; and discuss the degree of linkage for the formal and systematic adoption of strategic management in public bodies and entities in view of the fundamental right to good public administration. The method used was hypothetical-deductive, through bibliographical and documentary research, with a qualitative approach, reinforced by quantitative data. In the field of legal research, the normative technique was adopted, using mainly the logical-systematic-teleological interpretation of Law, analogy and extensive interpretation. Thus, based on the findings and analyzes reported during the course of the work, it was concluded that strategic management in public bodies and entities constitutes the most complete way of realizing the fundamental right to good Public Administration. Therefore, it must be formally adopted, through administrative acts considered to be binding (within the scope of the general rules of Administrative Law and its sub-branches), and systematically implemented, through administrative acts of technical discretion (within the scope of the choices of methodologies and routines for their implementation).