A responsabilidade do gestor público municipal e seus desafios na execução de políticas públicas no caso de delegação de competências

Abstract

The objective of the research was to evaluate the responsibility of the municipal public manager in the management of a municipality and his challenges in the execution of public policies, considering that a mayor does not act in the administration of the public thing alone. In addition to the insolvency officers, the mayor is also assisted by agents of his choice and his confidence to occupy commissioned and government positions, delegating to them the same part of his right-duty of administration and management, so that they may perform their duties autonomously specific, but according to the Government's policy guidelines and options. The Mayor, as a political agent, becomes susceptible to the forms of accountability provided for by law, being able to respond not only to the acts or omissions he commits directly, but also to acts committed by other agents, to whom he has delegated powers. The survey focused on responsibility by virtue of the non-careful selection of such persons, as well as the lack of supervision of the acts performed by them in function of such delegation. In order to approach the problematic and the objectives of the chosen theme, the research was done through the dogmaticjuridical methodological side, from the internal elements of the legal order with the purpose of developing and clarifying directly and objectively the forms of responsibility of the municipal public manager in cases of delegation of powers. In this sense, an exploratory research was carried out to deepen the understanding on the subject with the identification of real cases, according to the understanding of the Court of Audit of the Union. At the end of the work it was possible to conclude that the act of delegation of competence can show it is extremely useful to mayors and the public interest as a way of optimizing their many functions, provided that the delegated agents are able to exercise their public functions and their acts are monitored and supervised by the competent authority, aiming at the conscious practice, regular, legal and efficient implementation of public policies, otherwise the municipal public manager may be held accountable. Thus, if irregularities resulting from non-inspection or bad choice of the delegated agent are found, the Mayor may respond due to fault in monitoring and in choosing, depending on the situation.