A lei n. 13.655/2018 e o combate à paralisia da administração pública diante do ativismo judicial

Abstract

The present study refers to the impacts that articles 20, 21, 22 and 23 of Law n. 13.655/2018 represents and will represent in the Public Manager's way of acting, taking into account that the full observation of his commands will bring greater legal certainty, contextualization and linkage to the reality affected by the decisions arising from the Judiciary, often disconnected from the reality that the fence when interpreting public management standards. Law n. 13.655/2018, of a structural nature, lent itself to changing a pernostic reality that still surrounds the manager and can bring quite substantial collective results if well received and used by the legal community. Exploring some administrative dogmas and justifying the need for their respective overcomings, the text seeks to demonstrate that the unbridled judicial activism that has been affecting Brazil can and should be reduced or better controlled for the good of the good public manager, who is in a current scenario of decision-making panic and fear of innovation. The consequentialism of Articles 20 and 21 denotes the legislator's concern for decisions that are attentive to their consequences. The contextualization of article 22 aims to bring the judge closer to the situation analyzed by him, connecting him empathetically to the probative bulge of the file. The transitional regime of article 23 aims to reduce the social damage caused by changes in legal understandings, by guaranteeing the existence of transitional periods. It is a more positive scenario in favor of the public manager, responsible for taking from paper the most diverse fundamental rights and guarantees provided for in the Federal Constitution of 1988.