O pragmatismo econômico e a dimensão social da Eficiência Pública

Abstract

Since its discovery, Brazil has only experienced a minimal administrative organization worthy of note with the arrival of the Portuguese royal family to the country in 1808, notably when it needed to escape the wrath of Napoleon Bonaparte. The aforementioned observation, somewhat specific, will be used as a literary resource to emphasize how complex the genesis of our public administration was, so that intentionally covering up such a legacy may be turning our backs on possible deformations practiced until today, which, predominantly born from the culture of patrimonialism, insist on contaminating the bureaucratic-managerial administrative system, to the detriment of what we seek today through public efficiency. Considering this reality, we must highlight that administrative efficiency, as a constitutional principle, is strictly connected to the teachings of North American pragmatism, which takes us back to Charles S. Peirce, William James, John Dewey and Posner, who based on their concepts of belief understood that the real purpose of thought resides in a perennial state of prospection, in a conduct to be duly justified on the level of facts, that is, in the production of an act in final perception; a decision. In this scenario experienced between pragmatism and administrative efficiency, it is up to us to demonstrate the legal viability of an efficiency in which decisions other than those exclusively based on an economic analysis of Law are promoted, thus allowing the defense of a social dimension intrinsic to the law itself. efficiency, which would strengthen the implementation of Fundamental Rights of the second and third dimensions. To this end, it is necessary to take a critical approach to the administrative plans that have overlapped over time, namely extractive patrimonialism, Weberian bureaucracy and Posnerian managerialism, and how such movements have influenced contemporary public administration. Next, we will address the trajectory of North American pragmatism in Brazilian lands, and how its philosophical, linguistic and anti-metaphysical birth at the end of the 19th century, resulted in such diverse matters, see the neoliberal politics of Chicago, in the managerialism of the Washington Consensus or even in the consequentialism implemented in LINDB. Having overcome all these intertwined historical and philosophical accounts, we will address public efficiency, as a legal institute under construction, its spatial and temporal references, as well as proposing a normative content in a descriptive and prescriptive scope.