In summary, the principles of Public Administration expressed in Article 37 of the Federal Constitution are: legality, impartiality, morality, publicity, and efficiency.
We will examine them all in full, so let's begin with our Magna Carta:
"Article 37. The direct and indirect public administration of any of the branches of government of the Union, the States, the Federal District, and the Municipalities shall adhere to the principles of legality, impartiality, morality, publicity, and efficiency."
Furthermore, Law No. 9.784/99 refers to the principles of legality, purpose, motivation, reasonableness, proportionality, morality, full defense, adversarial process, legal certainty, public interest, and efficiency.
Similarly, other laws also make reference to principles of Public Administration, such as Law No. 8.666/93 (bidding and contract) and Law No. 8.987/95 (concession and permission of public service).
Above all, it should be emphasized that the principles of Administrative Law seek to establish a balance between the rights of those subject to administration and the guarantees of the Public Administration.
According to the esteemed scholar Di Pietro:
"The two fundamental principles that stem from the noted bipolarity of Administrative Law – individual freedom and administrative authority – are the principles of legality and the supremacy of the public interest over the private interest, which are not specific to Administrative Law because they inform all branches of public law; however, they are essential because all others are built upon them."
Therefore, to unravel these principles of Public Administration is to understand the basic propositions, the foundations , that structure the public entity itself.
This is certainly strategic knowledge for professionals who intend to practice Administrative Law or study for public service exams.
Also check out the article on " Practice as a lawyer or public service exam: which is worthwhile? ".
Now, we will address in detail the principles of Public Administration as expressed in the Federal Constitution of 1988.
Principle of legality
According to the principle of legality, and as the name itself suggests, the Public Administration can only do what is permitted by law.
Certainly, this principle is one of the main guarantees for respect for individual rights. This is because it establishes the limits of administrative actions. The consequence of this, undeniably, is to restrict the excessive exercise of state prerogatives.
According to Di Pietro:
"This principle, along with that of judicial review of the Administration, originated with the Rule of Law and constitutes one of the main guarantees of respect for individual rights. This is because the law, while defining them, also establishes the limits of administrative action that aims to restrict the exercise of such rights for the benefit of the community."
While for the individual the maxim that "no one shall be obliged to do or refrain from doing anything except by virtue of law" (article 5, item II, of the Federal Constitution) prevails, for the Administration the opposite certainly applies: only what is provided for in legislation is permitted.
Principle of impersonality
In short, some legal scholars majestically link the principle of impartiality with objectivity in the pursuit of the public interest.
According to the brilliant doctrine of José Afonso da Silva, the principle of impersonality implies that
“Administrative acts and provisions are attributable not to the official who performs them, but to the administrative body or entity of the Public Administration, so that it is the institutional author of the act. It is merely the body that formally expresses the will of the state.”
Similarly, this also means that the government cannot act to harm or benefit specific individuals , as it must always be guided by the public interest.
Moreover, the Constitution itself prohibits advertising activity, such as programs, works, and services linked to names or symbols representing particular authorities, in order to hinder individual promotion (article 37, § 1, Federal Constitution ).
Now, let's move on to the next principle of Public Administration, expressed in article 37 of the Federal Constitution.
Principle of morality
First and foremost, this principle is based on maintaining a sense of morality; it stipulates that the decisions and actions of agents should be guided not only by the law, but also by honesty, good faith, loyalty, and probity.
As Di Pietro pointed out, morality:
"It implies knowing how to distinguish not only between good and evil, legal and illegal, just and unjust, convenient and inconvenient, but also between honest and dishonest."
Certainly, the impact of this is the search for the ethical administrative agent , who distinguishes justice from injustice, morality from immorality, in order to guarantee good work in Public Administration.
Principle of publicity
It is necessary to make the actions of the Public Administration public , that is, to widely disseminate them to society.
Certainly, this principle is related to basic guarantees, since all people have the right to receive information about their special, collective, or general interests from public institutions, except in cases of confidentiality provided for by law.
Therefore, it is necessary to properly announce the actions and decisions taken by the Public Administration so that everyone knows that confidentiality is the exception and not the rule in Administrative Law.
In conclusion, the goal is to maintain transparency , that is, to make clear to society the actions and decisions taken by the administrative bodies.
Principle of efficiency
First and foremost, this principle stipulates that the Public Administration must be able to effectively meet the needs of society.
Furthermore, the principle of efficiency is satisfied not only with the "legal" performance of the functions of the Public Administration, but also with demanding positive results for public services, that is, satisfying the community and its needs.
Without a doubt, efficiency is reflected in the practical life of the community, such as health, quality of life, education, and others. And it undeniably stands as the most recent principle added to the Federal Constitution in its article 37.
Final considerations on the principles of Public Administration
In short, understanding the principles of Public Administration is essential, as it will give you the confidence to act effectively, respecting Administrative Law and the foundations of all Administration.
Next, the concept of the principles of Public Administration expressed in Article 37 of the Constitution is clarified in detail, and it is shown that these principles of Administration are further broken down in other scattered legislation, as seen elsewhere.
Finally, it is crucial to understand that the foundations of Public Administration seek above all to establish a balance between the rights of those being administered and the guarantees of the Administration.
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