The Fundamental Right to Good Public Control

Abstract

The operation of the Government happens by so-called financial phenomenon, through which the state collects resources in order to return them to the citizens through the provision of public services.  Among the  values  that  should  guide  this  state  activity,  ranging  from budgeting to its implementation, are the financial justice and the fundamental right to good public administration and governance, inscribed in the Brazilian Constitution. This linking determines the efficiency and effectiveness of the acting State through its public policies and puts the Courts of Accounts, as bodies responsible for external control of the Brazilian Public Administration, in the central role of promoters or guarantors of compliance with these constitutional extraction commitments. To this end, it is necessary the adoption by these organs of a new conception of control, more efficient, effective, rational and comprehensive, which can be translated into the notion of good public control, which, in turn, should be recognized also as a fundamental right in modern society. This new paradigm of control must overcome the inefficiency and ineffectiveness of the traditional control, one of the vectors of the legitimacy deficit suffered by Brazilian Courts of Accounts, and contribute decisively to the concreteness of those higher values, so that these oversight bodies become truly Courts of Good Public Governance, thus, fighting effectively against the anomalies in the performance of the government, causers of financial inequities, especially inefficiency, ineffectiveness and corruption.