O poder geral de cautela no âmbito do Tribunal de Contas do Estado do Ceará
The numerous cases of corruption occurred in Brazil, linked to the history of mismanagement and misappropriation of public resources, demonstrate the need for a faster and more effective action from the control bodies, especially the Court of Accounts. In this context, the present study analyzes the...
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| Main Authors: | , |
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| Format: | Article |
| Language: | Portuguese |
| Published: |
2018
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| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=7671449 |
| Source: | Revista Controle: Doutrinas e artigos, ISSN 1980-086X, Vol. 16, Nº. 2, 2018, pags. 276-305 |
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| Summary: |
The numerous cases of corruption occurred in Brazil, linked to the history of mismanagement and misappropriation of public resources, demonstrate the need for a faster and more effective action from the control bodies, especially the Court of Accounts. In this context, the present study analyzes the application of the general injunction power within this republican institution, with emphasis on the Court of Accounts of the State of Ceará. In order to do so, first, it is studied the performance of this external body control, tracing a constitutional view of its competencies, functions and attributions. In the sequence, it is approached the compatibility of the general injunction power with the external control system, in the perception of the Federal Supreme Court, observing the possibility of using a precautionary measure by the Court of Accounts, even though there is no forecast in the Federal Constitution. Finally, it is analyzed how the general injunction power is used by the Court of Accounts of the State of Ceará, as a mean to guarantee the usefulness of its final deliberations and to inhibit situations potentially harmful to the state treasure. As methodology, it is used an explanatory, analytical and pure study, based on bibliographical, jurisprudential and legislative research, that will be used to broaden the knowledge about the subject and to analyze the adequacy of the subject legal order. |
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