Fundamentos constitucionais das sanções aplicadas pelo Tribunal de Contas do Estado do Rio Grande do Norte

Abstract

The decisions issued by the Courts of Auditors characterize the relevance of the body in the economic and social sphere of the State. These are decisions that delimit the possibilities of transfers of resources, impact the development of public policies and, also, can reach the personal sphere of the responsible public agent with the application of civil and administrative sanctions. In this sense, this dissertation aims to explore the constitutional foundations of the sanctions applied by the TCE/RN and identify whether this control body would be interpreting its sanctioning competence as an end in itself. The investigation of scientific literature was developed through a theoretical-descriptive research, with the methodology advocated by legal dogmatics, based on a normativist perspective of Law, but which recognizes the importance of legal principles in the Positive Law system. The adoption of this method allowed us to structure the work in three chapters that serve as a basis, in the theoretical foundation, to identify how the control of Public Administration by the Courts of Auditors is inserted, the elements that legitimize the exercise of its sanctioning competence, sensitive to particularities inherent to the administrative activity and the requirements that are specific to it, as well as examining each of the sanctions under its charge individually. At the end, benefiting from Jurimetry, the fourth chapter also uses empirical research with materials and data provided by the TCE/RN, aiming to present, measure and discuss, quantitatively and qualitatively, the application and effectiveness of such sanctions. In fact, the final product of this work will be a regional study on the subject that will serve both for academia, in order to promote the study in this area, as well as for society, public managers, and so that the TCE/RN itself can learn about the limits, possibilities and effectiveness of exercising their sanctioning competence.