A mediação como instrumento para resolução de conflitos éticos na administração pública federal

Abstract

The current notion about the rules and principles that govern Public Administration stems from a long historical process, which culminated in the current Democratic State of Law. In short, this is defined in the Administration's obligation to submit to a series of democratically established rules and principles, which aim to safeguard the primacy of the public interest. Among the principles brought by the Constitution of the Federative Republic, of october 5, 1988, we highlight the Principle of Morality, which claims that Public Administration acts are guided not only by law, but also with a focus on good faith, loyalty and probity, that is, based on ethics. Following the international trend, and fulfilling a constitutional obligation, the Brazilian State adopts relevant measures to adapt its acts and decisions to ethical parameters. Thus, at the federal level, the ethical regulation of the conduct of public servants arises from Decree-Law no. 1,171, of june 2, 1994, which approved the Code of Professional Ethics for Civil Servants of the Federal Executive Branch, and this, in turn, gave rise to the Public Ethics Committee of the Presidency of the Republic. In view of this, the present work has the general objective of understanding the mechanism of ethics management in the federal sphere of Brazilian Public Administration and investigating the use of mediation as an instrument for resolving its ethical conflicts.