Lia's role in minimizing inneficient beavior

Authors

  • Patrícia Maria Seger de Camargo State University of Rio Grande do Sul - UERGS http://orcid.org/0000-0002-0791-4396
  • Celmar Corrêa de Oliveira State University of Rio Grande do Sul - UERGS

DOI:

https://doi.org/10.5433/1980-511X.2018v13n1p42

Keywords:

Law. Malpractice. Guilt. Exchecker. Inneficiency.

Abstract

Public Administration needs ethical values and legal instruments to prevent or minimize inexcusable administrative errors. This research is based on the Brazilian Administrative Misconduct Act and aims at diagnosing public officials’ conduct liable for culpable administrative impropriety and also analyzing how the Brazilian Administrative Misconduct Act can help to minimize inefficient behavior. The paper presents a structural analysis of the Brazilian Administrative Misconduct Act and verifies which conducts in the statute allow culpable behavior. Next, it presents actions and behaviors collected in cases judged in the Court of Justice of Rio Grande do Sul state, in the period between 01/01/2010 and 12/19/2015, held accountable for culpable action or omission. The analysis identifies the causes of culpable actions. The research has a qualitative approach and the material used is from indirect sources. Finally, the research allowed the identification of a weak point affecting the operational efficiency and the presentation of how the 8.429/92 act clearly exhibits the preventive functionalities, undertaking the function of an educative law tool in the normative ethics field.

Author Biographies

Patrícia Maria Seger de Camargo, State University of Rio Grande do Sul - UERGS

Bachelor's Degree in Legal and Social Sciences from the University of Vale dos Sinos River (UNISINOS), Master's Degree in Linguistics from the Federal University of Rio Grande do Sul (UFRGS), Brazil. Member of the Research Group UERGS/CNPq Policies, Public Management and Development. Analyst Lawyer at the State University of Rio Grande do Sul (UERGS)

Celmar Corrêa de Oliveira, State University of Rio Grande do Sul - UERGS

PhD in Water Resources and Environmental Sanitation at the Institute of Hydraulic Research of UFRGS. Adjunct Professor of the State University of Rio Grande do Sul.

Published

2018-04-27

How to Cite

Seger de Camargo, P. M., & Oliveira, C. C. de. (2018). Lia’s role in minimizing inneficient beavior. Revista Do Direito Público, 13(1), 42–69. https://doi.org/10.5433/1980-511X.2018v13n1p42

Issue

Section

Artigos