O nepotismo frente aos princípios da supremacia e indisponibilidade do interesse público no Brasil.

Abstract

Nepotism is constituted by the designation of relatives for the filling of positions commissioned within the Public Administration. Its practice configures an antagonistic to the juridical order of the country, violating the constitutional principles expressed in the caput of art. 37. The favoring of relatives in nepotism is purely based on sanguine criteria for the filling of public offices, mainly affecting the principles of impersonality and administrative morality, since public performance must always be based on non-segregationist social benefits, as well as acting with honesty and dignity. Against this, the Federal Supreme Court issued the Binding Precedent No. 13, which sought to prevent the nepotism practice in the State direct and indirect organization, as well as in its federative entities, the union, the states and the municipalities. Nonetheless, the Binding Precedent No. 13 prohibits the appointment of a spouse and relatives, up to third degree, of nominating authority who holds a management position, leadership or counseling, for the development of positions of free appointment and dismissal. This reality faced by the Brazilian Public Administration was the most relevant reason for carrying out the studies that ended in this paper, which seeks to observe the reasons that led Brazil to be a nepotic country, analyze the constitutional principles, and the country's historical-social influence in the construction of the Binding Precedent No. 13 that resulted in the prohibition of nepotism, in face of all the legal norms that exist in the juridical scenary of the country to restrain it, besides to its practice being forbidden by the 1988 Federal Constitution. As the methodology, it is an inductive study, with a exploratory and qualitative approach. As for the technical procedure, the work is developed through bibliographic research and documentary analysis. The most diverse administrative and constitutional doctrines, as well as the jurisdictional decisions of the Brazilian Courts, articles and the internet are the research base of this paper. Also, the historical-evolutionary procedure is used. Finally, the research, through the whole doctrinal apparatus, jurisprudential, points out that nepotism is something characteristic of Brazilian culture, but, that has been modified by Binding Precedent No. 13 and its application to concrete cases