Controle do nepotismo na administração pública brasileira: análise do Decreto nº 7.203/2010 e sua aplicabilidade na Universidade Federal de Alfenas – UNIFAL-MG

Abstract

The nepotism has been opposed by legislators and legal judges, especially after the advent of the Federal Constitution of 1988. The Constitution established, regarding Public Administration, fundamental principles such as Legality, Impersonality, Morality, Publicity and Efficiency. However, it deviated from this path when the agent benefits someone from his family nucleus, within the degree established by law, regarding the appointment or hiring to take a position in public service. In this context, the control bodies stand out, whose function is to put a brake on the authority actions concerning the application of public resources, whether in the implementation of public policies or destination aimed at the remuneration of those who will be on the payroll, receiving these amounts, which violates the principles. After questions raised by the Comptroller General of the Union and forwarded by the Internal Audit to the Dean's Offices so that they could present the necessary clarifications on the management policies regarding conflicts of interest, based on Decree No. 7.203/2010, the general objective of analyzing how UNIFAL-MG proceeded when questioned by the control bodies was proposed, based on the analysis of the processes, within the university, considering the mentioned legal diploma. The research, through the specific objectives, conceptualized nepotism according to what advocates Decree nº 7.203/2010, the Binding Precedent nº 13, of the Federal Supreme Court, and other legislations that deal with the present theme, making use of a documentary and bibliographic search; documents produced by UNIFAL-MG, emanating from the Pro-Rectory of Administration and Finance (PROAF), the Pro-Rectory of People Management (PROGEPE) and Internal Audit were analyzed, due to the applicability of the Decree in question. A qualitative nature using a case study strategy was adopted, applying the hermeneutic analysis technique to reach the proposed objectives. The results showed the implementation, by the managers, of controlling and combating the practice of nepotism under the objective aspects, in compliance with article 7 of the Decree in question, based only on the degree of kinship, without embarking on the investigation of the cases aiming to demonstrate whether the public agent intended, using his position of power or influence, to benefit people in his family circle. Therefore, it is recommended that UNIFAL-MG carry out an accurate case-by-case analysis, improving objective and implementing subjective control, in compliance with the Decree.