Competências constitucionais dos Tribunais de Contas na proteção do concurso público

Abstract

The Federal Constitution of 1988 privileged the entry of personnel to engage in professional ties with the Public Administration through prior approval in public tender. However, administrative routine is still guided by patrimonialist practices, resulting in the circumvention of the principle of public tender for personnel admission in various entities, necessitating the intervention of oversight bodies to enforce the constitutional mandate on the matter. Among these institutions, the Courts of Auditors stand out, holding competencies aimed at auditing accounting, budgetary, financial, operational, and patrimonial matters, listed in article 71 of the current Federal Constitution. These bodies have been directly involved in controlling the personnel management of the Public Administration, including monitoring compliance with the public tender principle. Given this scenario, this research raises questions regarding how the competencies conferred by the Federal Constitution to the Audit Courts can be used to protect public tender. To reach an answer, an analysis was carried out using the hypothetical-deductive method, involving bibliographical and documentary research techniques, focusing on doctrine related to the subjects and on national and local norms, as well as the jurisprudence of the Constitutional Court and Brazilian Courts of Auditors, in order to, first, contextualize the scenario of the constitutional mandate of the primacy of public tender in a Public Administration still under an incomplete bureaucratic model; then, identify aspects necessary for understanding the functions and scope of external control exercised by the Courts of Auditors; and, finally, examine how the constitutional competencies of the Courts of Auditors fit into the context of protecting the principle of public tender. In conclusion, it is understood that, considering the current constitutional, regulatory, and jurisprudential parameters, the Courts of Auditors play an essential role in ensuring the fundamental right to broad access to public positions, jobs, and functions due to their various forms and possibilities of action.