Public governance on Digital Public Administration and the overcoming of decision-making consequentialism

Abstract

Recent legislative reform has inserted in the Law of Introduction to the Brazilian Norms precepts that are directed to what has been called “safety for public innovation”, aiming to curtail the indiscriminate utilization of abstractions in decision-making reasoning, by implementing consequential canons to which management, manager and Public Administration shall gaze at. Beyond such innovations, the limits of juridicity are problematized in correlation to the still existent field that is devoid of systematization and parametrization for an intra-systematic integration of public law norms. And, as an upshot proposition for said deformity that is based on the lack of a macro-system that agglutinates the affairs of the Digital Public Administration, this work focuses on the hypothesis that only the use of effective compliance policies that connect the integrative efforts already made by the recent reform of LINDB, from the perspective of public management, to the ethical values unveiled by good governance will lead to the formatting of the above-mentioned macro-system. To this end, the paper has the general objective of advancing beyond juridical consequentialism and, in more specific terms, highlighting the aspects that may lead to the desired systematization and parametrization of compliance policies applicable to public law. From a scientific standpoint, the research will use the method of historical-sociological approach, with the implementation of substrates obtained in bibliographical-doctrinal research of the interaction between administrative law and good governance policies and practices. At the end, final considerations will be presented, from which an attempt to extract a more assertive understanding of the need to redefine the pillar of support of public law will be put forth.