Direito fundamental à boa administração e à transparência pública: exigências para o controle social no Estado democrático de direito

Abstract

The study aims to demonstrate that the democratic rule of law is to demand the application of the fundamental right to good administration and public transparency for citizens to participate effectively in public life, in view of the effective exercise of social control to charging a proba and efficient administration. In this sense, the administrative law is a social science that applies and projects actually under certain justice parameters, brings principles to be observed by the Public Administrator in the exercise of administrative functions, with a view to the public interest. Thus, it is essential to comply with the duty of probity in public affairs manager for the realization of democracy. Given the pursuit of effective public transparency, its multifaceted nature is brought up, whether as a fundamental right of citizens, fundamental duty of the State, or as principle of public administration as a way to demonstrate that only from this is possible ethical assurance in treating public matters. Thus, it will be used deductive approach method, as a form of reflection, starting with the universal assumptions explicit intention to become truths in particular universal truths, besides the method of monographic procedure, analyzing documents, articles and doctrine, and as the legislation governing the issue. Thus this research is to investigate the scope of good governance dimension as a fundamental right of citizens to demonstrate the essentials of public transparency, namely, probity, ethics and administrative morality and understand the social control in the inspection of acts of public administration and guarantee mechanism of the democratic principle and the achievement of the democratic rule of law.