A mediação como instrumento para resolução de conflitos éticos na administração pública federal
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Date
2020-04-24
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Universidade Católica do Salvador
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.
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Keywords
Administração pública, Ética, Mediação de conflito, Public administration, Ethic, Conflicts, Mediation