OLIVEIRA, F. R. C.; OLIVEIRA, Fabrício Rithlly Carvalho.
Résumé:
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.
