A possibilidade de exercício da função jurisdicional pelo Tribunal de Contas: análise jurídica da Corte de Contas a partir da Constituição Federal de 1988

Abstract

This monograph led a study on the Court of Auditors, by intending to analyze the possibility of a set of actions of this body in the judicial function of the State. Firstly, its theoretical basement considers the correct understanding of the powers allocated to the Court of Auditors by the Federal Constitution of 1988, and the role played by them in the legal system. It is its lot to study the Democratic Rule of Law, the current understanding of the principle of separation of powers and the awareness of the true function of control of Public Administration. The control provided by the constituent demands from the controller body a set of actions that goes beyond the investigation of the compliance on the act or decision of the administrator with the law. The method used was the bibliographical research focusing the controversies amongst doctrinal positions, from which the most consistent were extracted, the ones which are coherent with the objectives of the 1988 Federal Constitution. The results showed that the Court of Auditors can act in some cases, as the main body at work of control, in the exercise of the judicial function.