Princípio da eficiência e afastamento cautelar em casos de improbidade administrativa

análise de julgados do TJCE

Abstract

The present study aims to address the following research problem: Is the principle of efficiency observed in the application of precautionary removal measures in the rulings of the Court of Justice of the State of Ceará (TJCE) concerning administrative improbity? The principle of efficiency is directed at the State and public agents to ensure the fulfillment of the public interest. Measures such as the precautionary removal of public agents in cases of administrative improbity highlight the challenge of balancing the need to protect Public Administration from improper acts with the guarantee of efficiency in public management. Although legitimate, precautionary removal can have significant impacts on the functioning of institutions, underscoring the need for adjustments and consideration of its practical effects. The methodology is descriptive and bibliographic in nature, combined with an analysis of rulings from the Court of Justice of the State of Ceará (TJCE). The study concludes that the principle of efficiency should be applied to the fullest extent possible as an interpretive guideline, which is why precautionary removal must be guided by proportionality. The TJCE upholds the principle of efficiency in such cases, as it consistently establishes reasonable timeframes and emphasizes robust reasoning as a prerequisite for applying precautionary removal.