Good public administration and constitutional foundations of public policies in Brazilian Federal Supreme Court

Abstract

This paper presents a brief reflection on the fundamental right to good administration, the constitutional foundations of public service and public policy and the possibilities and limits of judicial review in Brazil. The problem that drives this work is to understand whether there is plausibility in speaking of the right to good public administration in Brazil and to what extent it can be a basis for judicial review. The study is based on a survey of the literature, legislation and case law. It uses a deductive method and an analytical procedure, and aims to understand the limits and possibilities of the Judiciary’s action for the protection of fundamental rights, especially when they involve the discussion of good public administration (as a fundamental right) and the constitutional foundations of public service. Thus, the articles begins with a consideration of the conceptual aspects of the proposed topics and then analyzes the current perspectives on the topic based on the understanding of the Supreme Court in decisions involving the right to education.

Keywords: good public administration, public service, jurisdictional control.