CONTROLE EXTERNO PELO MINISTÉRIO PÚBLICO COMO COMPONENTE ESSENCIAL DO DIREITO FUNDAMENTAL À BOA GOVERNANÇA

Abstract

Enunciation and regulation of social rights are insufficient for its realization, which also depends on instruments that ensure their effectiveness in real life, from a broader point of view than the simple traditional notion of good financial management. The revised and broader notion of public management is imposed, so that the right to good governance is advocated as a new fundamental social right, whose realization is inexorably connected to adequate mechanisms of external control of administrative activity. The Public Ministry participates in this scenario as an agent with a unique position in the Brazilian constitutional order, due to its ambivalent position, with the ability to intervene both in extrajudicial and in the judicial environment, as well as exclusive attributions (holds the private legitimacy for the exercise of the action public penal) and shared ones (it is collegialized with repressive and remedial civil measures). Through the hypothetical-deductive method and following the technique of normative and bibliographic review, this article is dedicated to examining the hypothesis that - due to its singular legitimacy in the Brazilian legal system - the Brazilian parquet action composes in the constitutional scenario in force an inextricable element of the external control of good governance and consequent essential component of the corresponding fundamental social right, with the inherent implications that flow from it.