The efficiency principle and the (i)legitimacy of jurisdictional control of the public policies

Abstract

The efficiency was added in art. 37, caput, of the Federal Constitution and therefore became part of the list of general administrative principles in the late nineties with the Administrative Reform, but it has always been highlighted by doctrine and jurisprudence as an essential principle of administrative acts. The Constitutional Amendment 19/98 was responsible for expressly integrating the principle of efficiency in the national legal system, favoring its wide knowledge to the community to enable the demand and control of the results of the state action. However, there is constant non-compliance with this principle by public agents and, consequently, the atypical performance of other Powers, which affects the issue of checks and balances. From this perspective, this article aims to discuss the legitimacy of jurisdictional control of public policies when the principle of efficiency is not respected by the Public Administration. The article adopts the deductive research method and uses bibliographic research as a technical procedure, based mostly on the analysis of articles published in journals and on consulting the legislation.