The importance of legal certainty in public administration: challenges and solutions for administrative efficiency in Brazil

Abstract

This study underscores the pivotal role of legal certainty in fostering efficient public administration in Brazil. It posits that a stable and predictable legal framework is indispensable for transparent and accountable governance. Drawing upon a comprehensive literature review and jurisprudential analysis, the research delves into fundamental concepts such as public management, legal certainty, and administrative efficiency. The paper examines specific cases and landmark decisions by the Supreme Federal Court and the Federal Court of Accounts, elucidating the inherent tensions among legality, legal certainty, and efficiency. Key challenges identified include the quality of normative production, interpretive instability, excessive formalism, procedural delays, and a lack of institutional coordination. In response, the study proposes a range of solutions, including legislative refinement, the consolidation of interpretive understandings, the promotion of a more dialogical and consequentialist approach to oversight, and the enhancement of managerial capabilities. It is concluded that legal certainty is essential for efficiency and legality, promoting administrative rationality, reducing costs and strengthening trust between the State and society.