O direito fundamental ao bom governo e o dever de proteção estatal: uma análise das competências federativas à implementação de políticas de prevenção e repressão aos atos de malversação do patrimônio público

Abstract

This paper presents the results of a bibliographical research, conceived from the deductive method, for purposes of approach, and monographic, on a procedural basis, on the need to establish public policies, and the consequent attribution of competences, for the prevention and repression of dishonest acts by public agents, as an indispensable measure to the State's duty to protect the fundamental right to good government. Thus, the research is justified by the need to clarify important points that surround the problematic that motivates the study, such as the following question: established the fundamentality of the right to good government and established the need for policies of prevention and repression of dishonest acts in the exercise of the Power emanated from the people, to which federative entities is responsible for the establishment of norms aiming at administrative, civil, criminal and for acts of improbity? For this, the work is structured in two parts. In the first, there is a speech about the fundamental right to good government, in order to analyze the international instruments that deal with state obligations to establish internal policies for the prevention and repression of corrupt acts , studying its reflexes and which of these measures were implemented in the domestic scope, in order to, in the last section, make a normative-constitutional analysis about the federative competencies to its attainment, seeking the protection of the fundamental right to good government. Among the results found, it was verified that, regarding the establishment of norms aiming at civil and criminal accountability, the competence is private to the Union, whereas the rules on administrative law are common to all entities, while controversy remains, however, regarding competence to legislate on administrative improbity, as will be seen in the course of the paper.