O papel da advocacia pública no dever de coerência na administração pública

Abstract

The article deals with the role of public advocacy in the implementation of the duty of coherence of the Public Administration. The Postmodern State, strongly marked by complexity, plurality and uncertainty, causes the public manager the task of reducing legal uncertainty and dispensing with isonomic treatment to the administered. The effectiveness of the principle of legal certainty and the guarantee of state coherence depends on the improvement of public management, but also on the organization and autonomy of public advocacy. Highlighted in the constitutional text as an essential function of Justice, public advocacy is responsible for internal control and defense of the legality of state acts, guaranteeing the public administration a management within the parameters set in the legal system. The coherent and isonomic action of the Public Administration, avoiding the publication of contradictory acts and the unequal treatment between persons inserted in similar contexts, depends, to a large extent, on the performance of the state attorney that, for that reason, must have ensured the functional independence. In the exercise of its institutional mission, public advocacy must ensure administrative coherence, which reveals the need for issuing opinions and other forms of legal expression, including in the judicial sphere, that guarantee respect for judicial and administrative precedents.