Jucá, Francisco Pedro2024-11-142024-11-142023MONTESCHIO JÚNIOR, Anísio. Eficácia na administração pública em uma abordagem administrativa eleitoral. 2023. 113 f. Tese (Doutorado em Função Social do Direito) – Faculdade Autônoma de Direito, São Paulo, 2023.http://repositorio.unialfa.com.br/handle/123456789/458It is undeniable and essential that the Public Administration's obligation is to provide a good quality service to those administered regardless of constitutional or infraconstitutional provision, considering that when managing "public goods" it must do so in the most efficient way possible, that is, doing, but spending as few resources as possible. Among the resources, it is essential to emphasize that they can be tangible, that is, those that can be measured materially and made available to the public administrator, and, on the other hand, those that are subjective, embodied in the work carried out by Public Servants. If within the national scenario there will be a constant search for efficiency in Public Administration, on the European continent, as a foundation for the present work, the legislative presence embodied in the Treaty of Nice stands out, or for some, simply called: “Charter of Nice”, which was adopted by the member states of the European Union in Nice, in December 2000, thus completing 20 years of its signature. It is the culmination of the Intergovernmental Conference, held in February 2000, whose objective was to adapt the functioning of the European institutions before the arrival of new Member States. As the foundation of this European document, in its art. 41 enshrines the right to good administration, bearing in mind that all persons have the right to have their affairs handled impartially, equitably and within a reasonable time by the institutions and bodies of the Union, including the right of any person to be heard before that any individual measure may be taken with respect to it that adversely affects it, as well as the right of any person to have access to the files referred to him, in compliance with the legitimate interests of confidentiality, professional and commercial secrecy and the obligation, on the part of administration to base its decisions. It should be noted that, according to the Nice Charter, everyone has the right to compensation, by the community, for damage caused by its institutions or by its agents in the exercise of their respective functions, in accordance with the general principles common to the laws of the Member States. Having been made positive by the Nice Charter, it remains to be determined what the content of the right to good administration is. Back to the national context, it is a fundamental right of the citizen to receive quality services from the public administrator. Within this context, by way of example, the forecast contained in art. 37 "caput" of the current Federal Constitution. Therefore, when making a comparison between the aforementioned treaty and the theme in Brazilian law, it is essential to highlight that the constitutional text of October 5, 1988, in its art. 37 “caput” enshrines the explicit principles, to which Public Administration must be bound. It should be noted that the Original Constituent Assembly did not contemplate the principle of efficiency. This only became part of the constitutional text through Constitutional Amendment 19/98. With the accountability for non-compliance with campaign commitments, the consequences are clear to the elected representative, representing those commitments assumed as an instrument of inspection of voters, which must be met by the bureaucratic and formal practice of the public service. Conversely, in the absence of any link, there is no commitment on the part of the Public Administration that can be sought, as there is effectively no set of ideas to be followed. In the same vein, to the administrator, holder of political office, if perhaps he is linked to dictatorial criteria, or even unlinked with his voters who elected him, who will prevent him from acting like this? Currently, one of the biggest concerns of the Brazilian citizen is related to the posture of the rulers when managing “the administrative machine”. How will this thesis be developed in the present thesis, is the problematization embodied in the growing demands present in society and, on the other hand, a budgetary limitation for the consideration of these demands? Do the choices made by the portion of the population that was consulted really represent everyone's aspirations? How to turn these pretensions into effective achievements. The formulated answers are embodied in the formation of public policies with a strong connection with the practical reality, prevailing the proposal of the public manager that does not correspond with the needs and aspirations of the citizens. As an international foundation, the Nice Charter is cited, which contemplates effective mechanisms for the implementation of public policies, which, by direct linkage, make public administration really efficient. The methodology employed is linked to the research and bibliographic review, based on responses to social aspirations and the need for public administration to become really efficient, using the deductive methodptAdministração pública eficientePolíticas públicasVinculação administrativaResponsabilidade eleitoral