A função e os espaços da participação e do controle social para o acionamento do controle parlamentar em se tratando de atos violadores à boa administração pública no Brasil contemporâneo.

Abstract

This paper discusses the relation between social control and participation towards the control of the Legislative Power over acts against good public administration by the Executive Power, in the Brazilian context post 1988 Constitution. These elements were qualitatively organized from the perspective of references such as the Theory of Democracy and Discourse. It is a theoretical analysis with empirical contributions that seeks, in the exercise of the control function of the Legislative, practical information to critically illustrate what are the roles and spaces that belong to social participation and control in triggering parliamentary control when it comes to investigating acts against the idea of good public administration. The approach of these topics requires an opening of horizons in order to enable the object of analysis to be imagined in a complex way, just as it naturally is. It is known that every form of exercise of the political power must be democratic in order to allow the controllability of the decisions taken by public agents. Thus, control is possible in democratic environments that allow popular participation in public decision-making spaces; since the more democracy, the greater the possibility of an engagement capable of putting pressure on the democratic institutions, especially the Legislative Power, which is the body par excellence when it comes to receiving demands from the public sphere. Moreover, control requires democracy as a cornerstone of its exercise, since the greater the defense of democratic arguments, the greater the strength of the aforementioned institutions. With such perspective, this study aims at answering the following question: what are the roles and the spaces of social participation and control in order to trigger parliamentary control when it comes to acts that violate good public administration in contemporary Brazil, in order to identify if it is necessary to create new spaces of dialogue or improve the existing spaces? Assuming that social participation and control will not always be able to trigger parliamentary control in Brazil, given the limited prescription of mechanisms available to the Legislative to carry out external control and its power of reach and also the specificity of some control instruments and lack of knowledge from the citizens regarding the totality of means that can be used by the society to trigger parliamentary control based on demonstration in the public sphere, this study aims at not only searching ideas to improve the existing dialogue means, but also rethinking and recreating them. Therefore, the present work was divided in three moments: firstly, two concepts of control were addressed (control as a foundation of constitutionality and control as a guarantee of constitutional order), from which the notion of good public administration is set to further approach the categories or instruments of control in its dogmatic configuration, notably the existing instruments regarding parliamentary control in Brazil in order to identify whether or not there are spaces for manifestation of social participation and control as a means of triggering the exercise of parliamentary control as a dogmatic means of control. At last, structures are reviewed in order to indicate the democratic duty of the parliamentary control based on the roles and spaces of social participation and control. This path was built by adopting the hypothetical-deductive research method and having a bibliographic and documentary research technique. The present work concluded that the function of participation and social control to trigger parliamentary control, while dealing with acts that violate good public administration, is to create practices that try to hinder the deviations of political power, aiming at its proper use, since control is considered in its dual function of legitimating and guaranteeing the normative framework that will provide a basis for the parameters of public action, while spaces, although they exist, are insufficient and will serve to ensure that the manifestations of society have the possibility of to being themed by the public authorities.