Análise da legalidade e efeitos jurídicos dos decretos de calamidade financeira no âmbito da gestão pública.

Abstract

The Brazilian population, first of all, is strong. For decades they have faced the most crises in the most varied social contexts. Hunger, poverty, lack health, education, housing, among many other minimum rights are not serviced due to the installed economic/financial crisis that seems to have no end. These crises are sometimes caused by natural disasters, pandemics, among others; sometimes caused by lack of preparation and poor public management. So, the present monographic work adopted the theme of public calamity, above all, the financial calamity as a guiding axis, having as problematic the following questions: Is it legal to issue calamity decrees financial? What are the consequences of issuing these decrees? The search if justifies the need for in-depth studies on the subject established. The general objective is to analyze whether there is legality in the edition of financial calamity decrees by the public manager and its consequences legal. Specifically, it will discuss public administration; make considerations about the main points of the Law of Responsibility Fiscal regarding the motivation of the law and the financial calamity; and, discourse on the legality and legal effects of decreeing a state of calamity financial.The research is qualitative. In order to achieve the proposed objectives of research adopted in the approach phase the deductive method; in the procedures the bibliographic method was used, making a survey of content from of the doctrine, legislation and jurisprudence available on the subject in books, theses, printed articles and on academic sites that proved to be able to achievement of objectives. In this sense, Fonseca (2002, p. 32), explains that the bibliographical research seeks published theoretical references with the purpose of collect information or prior knowledge about the problem regarding the which the answer is sought. The monographic work is structured in three chapters. The first presents a study on administrative management, guiding principles of administrative law, notions of public budget, efficient management and poor public management. The second chapter undertakes to analyze important aspects of the Fiscal Responsibility Law. and third chapter will seek to explain whether there is legality in the decrees of financial calamity and which the legal effects of these decrees, starting from the study of the public calamity, financial calamity and the legal effects in light of the LRF. At the end of the search it was observed that there is no specific legislation that disciplines the calamity financial situation, but that to date there has also been no decision to declaration of illegality of said decree and that there are several consequences in the sense of benefiting public management, since it uses the benefits of LRF to public calamity extensively to financial calamity. Suggests that legislation be created as soon as possible to discipline the disaster institute in order to avoid the misuse of this normative instrument by bad public officials for their own benefit. The theme is great relevance because it is a current and relevant topic.