O controle da despesa pública em ciclos econômicos recessivos com instrumento de promoção do desenvolvimento

Abstract

The Federal Constitution of 1988 regulates a variety of rights which must be protected by the State, inserted into the idea of economic development, and require efficient management of financial activity, because of the scarcity of available resources, so that the state must observe efficiency objectives, equity and stability. In times of crisis, the stability function gains a clearer perspective because of the importance of taking action to protect the economy, that also back to provide prudent performance parapublic financial sector, because of the close link between loss of creditors, economic stability and the increase in public spending. Thus, the Constitution promotes the interdependence between the public and private financial systems and the economy, and the political decision to spend should take sharp contours to allow balanced growth. To avoid the negative effects of economic cycles, the State increases spending to boost economic activity based on the constitutional premise of development, but public spending can not be performed without observing the strict legal limits, otherwise the state action could worsen more the effects of the crisis. This paper analyzed the guidelines of the Financial Constitutional System and its importance for the development and efficiency of the policy decision to spend, also analyzed the dynamics of the business cycle and causes of recurrence, with description of the common features between major financial crisis, especially the crisis of the subprimes. The study examined the legal regime applicable to public spending and the requirements of the Fiscal Responsibility Law, which requires the use of instruments of control with spending also in times of crisis. In this way, based on descriptive research methodology and legal and economic doctrines, law cases, legislation and case law, this paper talked about the constitutional rules of the financial system, public and parapublic, defining the dynamics of the business cycle and they occur around the world, and emphasizing the need for state intervention in the economic domain as an effective means to avoid the negative effects of a cyclical economy, whose work should be guided by the Constitution and the financial legislation that deals with the control of public spending.