MANAGERIAL MANAGEMENT IN THE PUBLIC ADMINISTRATION AND THE NEPOTISM NECESSARY TO OVERCOME

Abstract

The article analyzes, from the concept of managerial management, the prohibition of the practice of nepotism in Public Administration and investigates the limits for the exercise of the positions of free appointment and exoneration, having as parameters the constitutional principles of impersonality, morality and efficiency, as well as the purpose of the State to promote development, according to the Federal Constitution (Article 3, paragraph II). It studies the precedents of the Federal Supreme Court, specifically ADC nº 12 and subsequent monocratic decisions declaring nullity not only from nominations for ad nutum dismissals, but also for political offices, from persons having kinship up to third degree with the nominating authority. It was observed a relevant jurisprudential modification in the interpretation of the principles of the Public Administration, which goes to the thought that the filling of positions should aim at the satisfaction of the public interest and not the accommodation of personal interests. The inductive method was used, through bibliographical and jurisprudential research.