Moeda de troca de favores: uma análise das nomeações para os cargos comissionados à luz da PEC nº 21/2017 do Senado Federal

Abstract

The present monographic work aims to analyze the nominations to the commissioned charges under the light of the desired changes by the Amendment nº 21/2017 on the authorship of the Federal Senate. To do this, it will be necessary an approach about the historic of nominations to the commissioned charges in Brazil, about the principles guided by the administrative rights that must rule the acting of the public agents such as about the discretion allowed to the public administrators and its limits, on which avoid abusive and illegitimate acts. It will be approached about the patronage and it possible relation with the distribution of commissioned charges, as far as that is a practice that exceed the most different political circumstances, fact that may cause on the use of the public machine to the satisfaction of political and partisan interests, harming so the common good. That to analyze, in the end, on what way the changes aimed by the propositions of the Amendment nº 21/2017 – the demand of technical qualification and the sealing of partisan’s interests – it match or not to the constitutional spirit of a more effective public administration.