Uma análise jurídico-administrativa da reforma veiculada pela P.E.C n° 32, de 03 de setembro de 2020 - Propensão de sucesso ou fracasso em sua efetiva implementação - Avaliação do conteúdo das principais regras ao lume do Poder Constituinte Originário
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2022
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Gaetani, Francisco
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Purpose: Examining the History of Brazil, especially the Republican (1889-), we come across several attempts to implement reforms in the state apparatus, namely the federal one. Currently, Brazil is faced with another of these attempts - this time under the sponsorship of the so-called liberal government of Jair Messias Bolsonaro (2019-2022), which sent the Constitutional Amendment Proposal no 32, of September 3, 2020 to the National Congress. In the first part, this paper speculates on the chances of success – or failure – in implementing yet another intended reform in the state apparatus. To this end, a set of "...fundamental components..." will be used which, throughout history, have boosted or, on the other hand, have failed other government attempts - including in exceptional regimes - to reform the state apparatus. In the second part, the legal-administrative analysis of the desired changes is carried out, without forgetting the intrinsic limitations of the Derived Constituent Power. Methodology: Regarding the form of the body of the main text, the prescriptions of the Brazilian Association were observed in terms of citations of Technical Norms - A.B.N.T - for legal work - without losing the appreciation due and deserved to operators in the Social Sciences. Sections “9” to “22” are essentially descriptive and comprise the scrupulous collection of information on the subject in question. Exceptionally, 5 (five) brief appendices were placed in the main body of the text as they are embodied in introductory sections to the reasoning expounded in the following partitions. The “Section 23” portrays my modest opinion on: a-) the chances of success – or failure – in the effective implementation of yet another attempt to reform the Brazilian State apparatus, namely that of the Federal Union; b-) the tuning of the main normative commands contained in PEC 32/2020 – all in light of the objectives established by the original Constituent Power and the limitations inherent to the Derivative. In turn, through “Section 24”, I convey my final considerations. Such points conform, as much as possible, to the qualitative method, namely to the technique of content analysis and critical paradigm. Result: Fundamentally, it is concluded that the referral of P.E.C no 32/2020 does not conform to the “... fundamental components...” advocated by Professor Kleber Nascimento. In the wake, the proposed administrative reform, if approved, tends to find strong resistance within the State apparatus. Continuing, I believe that the rules contained in P.E.C no 32/2020 do not conform to the objectives established by the original Constituent Power, nor to the inherent limits of Derived Constituent Power. Practical Contributions: From the analysis, I intend to contribute to the construction of a strategic model that will serve as a guide for the necessary reform of the State apparatus.
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State apparatus reform Public Administration Models Key components for successful implementation Legal-administrative analysis Reform in the state apparatus Reforma no aparelho do Estado Modelos de Administração Pública Componentes fundamentais para o sucesso na implementação Análise jurídico-administrativa