Controle na administração pública federal: do necessário diálogo institucional como mecanismo de mitigação da ineficiência e superação do direito administrativo do medo.

Abstract

Although the literature is not plentiful and in-depth on the subject, with mostly articles on the subject, there is a growing and intense debate in the doctrine about the performance of control bodies and entities on administrative activity. The objective of this work is to analyze and understand the structure and the exercise of the powers of the State control institutions, specifically regarding the internal and external control bodies that focus on the performance of the public administrator of the federal Executive Power, in order to raise the discussion and promote timely reflection on the discursive formations related to the public manager's way of acting as a result of any dysfunctionalities and excesses practiced by state control agents. Throughout this study, bibliographical perspectives on the separation of powers and the paths taken to the current managerial model of Public Administration are presented. Through a systematic review, the conceptions of the fundamental right to good administration and control in the digital age were discussed and analyzed, a starting point for further studies of the legislation and structures that make up the control activity of the federal Executive Branch. , to then enter into the central theme relevant to the dysfunctional and exacerbated performance of the control bodies and the fear incident to the public administrator, proposing alternatives for a better calibration of the control of the administrative activity of the State. The conclusions point out that the various control bodies live in disharmony with each other and in relation to the Public Administration, and that they need to converge their actions in a systemic interaction of intense dialogue, considering that fear is installing itself in the daily life of the public manager interfering in its decision-making practice, putting at risk the implementation of public policies and the realization of fundamental rights.