Source: Correio Braziliense - DF - ECONOMY - 12/08/2009

Proposed change in the structure of public administration makes the functioning of states and municipalities more agile and efficient The proposal for a new Organic Law for public administration focuses on the Union, but also extends to states and municipalities. The updated legal framework defines comprehensive institutional concepts, applicable to all types of government and power. In the opinion of the jurists who participated in the reform of the legislation, it is a legitimate federative pact that, when endorsed by the Legislature, will imply important institutional advances.

The Courier published yesterday that the draft prepared by the group of experts invited by the Ministry of Planning to revise the law not only modernizes Decree-Law No. 200/67 (1) - edited even during the military regime -, but completely changes the how the State organizes itself, closes partnerships, offers services and is controlled. The work, which has just been completed, took 20 months to complete. The suggestions have already reached the hands of Minister Paulo Bernardo and, although they do not represent the official position of the government, they represent ground zero in the discussions that will be initiated with society.

In the explanatory memorandum attached to the preliminary draft, the jurists justify that the first major challenge was “to build a law that contains national rules”. “The commission abandoned, from the start, the idea of ​​making a simple organic law for the federal public administration”, reinforces the document presenting the proposal. Floriano de Azevedo Marques Neto, a member of the group that reviewed the legal framework of bureaucracy, says that the 1967 decree was “very good in its time”, but ended up being overcome as it disciplines a dynamic entity. “It is a project that looks forward. It is not a question of discussing a smaller or larger state, but an efficient one ”, summarizes the expert.

Incorporating established concepts within administrative law, jurists rethought the roles and responsibilities of almost all the agents that make up the machine. State-owned companies, foundations and municipalities received special attention. The control exercised by Organs inspection bodies, too. The draft law reorders the role of those who supervise, restricting or expanding competencies.

1 - DELAY
The decree that governs public administration devised by the military is no longer useful. At the time it was instituted, the law ignored the state's ability to grow. He denied that the machine could be as demanded as it has been over the years. The result is a widespread legal gap, which has forced bureaucracy to bypass the Constitution. (LN)