A (ir) regularidade da nomeação de parentes para cargos políticos: uma análise das decisões do tribunal de contas dos municípios do estado da Bahia

Abstract

This monograph aims to analyze the legal-social phenomenon of nepotism, an ancient and renitented vice that consists of favoring relatives in access to public office. With the advent of the Federal Constitution of 1988, embodied by its democratic and republican principles, expressed and recognized, nepotism is caught as an act incompatible with the society that seeks to form, based on impersonality, morality, isonomy and efficiency. The Supreme Court, through binding summary 13, vetoed the practice of nepotism. However, currently, there is a strong misunderstanding about the application of SV/13 to positions of a political nature, understood by the political and administrative positions of Ministers of State, State and Municipal Secretaries. The misunderstanding stems from the very application by the Supreme Court of SV/13, which includes at least three currents. One that understands the general and unrestricted application of SV/13 to all public offices. A second one that understands the non-application of SV/13 to political positions, because it is a legitimate act of the Chief Executive based on confidence. Finally, a third, which means the application to political offices provided that some requirements are not met. This misunderstanding affects the legal system and the external control bodies of the Public Administration, such as the TCM/BA, which, when it joins the third current of the Supreme Court, has made subjective and questionable decisions. This said, this monograph aims to analyze the decisions of the TCM/BA in its external control mister. For this purpose, we used the historical and comparative method, literature review and descriptive research of court decisions.