Reforma administrativa: o funcionalismo público na contramão da eficiência administrativa

Abstract

The objective of this work is to analyze the Administrative Reform, contained in the Proposed Amendment to the Constitution number 32 of 2020, in light of the principle of Administrative Efficiency. The main objective of this work is to analyze whether the impositions provided for in the text of the Administrative Reform are accepted by the constitutional legal system based on the Social State, as well as to identify whether the innovations adapt to administrative efficiency. The study will be bibliographic, with research of scientific articles produced on PAC number 32/2020, legal books that explain the administrative legal principles, as well as their positions exposed in the processing of the normative text. The work will be developed using a deductive methodology, analyzing the concept of public service and the way the Federal Constitution and Administrative Law treat the principle of efficiency, examining article 37 of Constituição Federal de 1988 and the innovations imposed by the upcoming in the reform of public administration. The results obtained with this research indicate that the institution of Amendment Proposal number 32/2020 not only reaches unconstitutionality due to the attempt to tear up the immutable clauses, but also because it is disconnected from Administrative Efficiency as a basic preposition that underpins the actions of the Public Power, making it impossible to include neoliberal ideology in the normative text that encourages the removal of state power and legal instability for citizens and public servants.