O papel dos tribunais de contas no controle de políticas públicas: a efetivação do direito fundamental à educação

Abstract

The dissertation examines the role of the Court of Accounts in control of public policies and the impact of this activity on the realization of constitucional rights, specifically the right to education. The purpose is to determine whether these courts exercise control over public policy and, if so, whether such control affects the realization of fundamental rights. Study was drawn from laws and qualitative research of related doctrine, and case study. Initially, it was demonstrated the treatment given to the Courts of Accounts in brazilian constitutional texts, examining, then the legal nature of these courts and its decisions, the control over their actions by the judiciary, its function, competence and attributions, the criticisms commonly directed at them, proposals for improvement and the role of public prosecution in the Courts of Accounts. In the next moment, was delimited the meaning of the term public policy, the role of the studied species of control over public policies and criticisms related to this control, when elaborated by the Judiciary. Then, was related to the role of the Courts of Accounts in the brazilian legal system, the subject of chapter 2, the control of public policy, the subject of chapter 3, examining how the performance of external control over public policy is compared to judicial review, indicating its advantages. It was also demonstrated that the right to education is a fundamental right status, having in several respects the quality of public subjective right to positive action by the State, as in the case of free primary education in official establishments. From the study of two specific cases, related to operational audits performed by the Court of the Federal District in educational area, it was shown how the Courts of Accounts may positively influence the achievement of fundamental rights. In the first audit was examined the quality of the facilities of public schools and in the second the evaluation of access and quality of public early childhood education from 0 to 3 years. The conclusion indicates that the Federal Constitution has endowed the Court of Accounts of competence and instruments aimed to the control of public policies, giving them a prominent role in that activity. , the performance of the Court of Accounts is more appropriate to the comprehensive and contextualized control of public policies, besides being effective in leading public officer to exercise their activity to define and implement public policy itself. As a result, the Court of Accounts can - and should - exercise its oversight of public policies, especially those related to the implementation of fundamental rights, because his performance favors the realization of such rights.