O controle externo como mecanismo de enfrentamento à improbidade administrativa cometida por prefeitos : diagnóstico de decisões do Tribunal de Contas do Estado do Rio Grande do Sul.

Abstract

This dissertation has as its theme the administrative improbity committed by mayors and the external control as a mechanism to fight corruption in the Public Administration, having as a parameter the decisions of the Court of Auditors of the State of Rio Grande do Sul. The theme is linked to the Graduate Program in Law - Master's and Doctorate - of the University of Santa Cruz do Sul, in the line of Contemporary Constitutionalism research, since it seeks to bring studies on corrupt pathologies and verify the impacts on public policies resulting from the information diagnosed in the decisions of the Rio Grande do Sul Audit Court website, reflecting on civil society as a whole. The problem that guided the research is: what types of administrative misconduct committed by mayors emerge from the decisions of the Court of Auditors of the State of Rio Grande do Sul and to what extent these decisions, as an instrument of external control and confrontation of corruption, can be operationalized in demarcations of public prevention policies?. The general objective is to verify which elements and types of administrative improbity committed by mayors are detected from the Court of Auditors' decisions based on the research of cases in the proposed period, and what are the possible public policies resulting from them. In the specific objectives, to demonstrate the relations between Public Administration and corruption, after demarcating the administrative improbity as a kind of corruption, delimiting its theoretical and normative contours, crossing between the functions of the external control of the Court of Auditors. Finally, to carry out a diagnosis through the study of cases of data gathered from the decisions of the Court of Auditors regarding the administrative improbity committed by mayors and its administrative consequences, as well as which species of improbity can be extracted from the research and the possible preventive public policies for repeated occurrences, in the face of an exemplary analysis. Justifying the research, it was verified the work as a way of contributing to the fight against corruption in the Public Administration, especially in the scope of administrative improbity committed by mayors, in the sense of pointing out control improvement guidelines, especially preventive. The results of the research demonstrate the need for state public policies, extracting from the concrete cases that patent the high capacity of the manager and other public agents, as well as the possibility of the Court of Auditors to impose more severe fines when irregularities are detected that characterize administrative improbity, as well as the dissertation of public policy interface between the improvement of collaboration between the Court of Auditors,the Public Prosecutor's Office, the State Public Prosecutor's Office and the Judiciary itself in the context of the control of administrative misconduct.