NEPOTISM IN PUBLIC ADMINISTRATION: A STUDY ON LEGALITY AND IMPACTS ON PUBLIC MANAGEMENT

Abstract

This paper critically analyzes the practice of nepotism in Brazilian public administration, addressing its legal foundations, legal implications, and impacts on state management. It begins with a historical contextualization of the term, which refers to the favoritism of relatives for public positions without consideration of technical criteria, violating the constitutional principles of morality and impersonality, as established in Article 37 of the 1988 Federal Constitution. The main legal instrument against this practice is Supreme Federal Court’s Binding Precedent No. 13, enacted in 2008, which prohibits the appointment of relatives up to the third degree to commissioned positions, even in cases of free appointment. However, the absence of specific infraconstitutional legislation and the gaps in the scope of the precedent, especially regarding political agents, hinder its effectiveness. Law No. 8.429/1992 (Administrative Improbity Law) is applied in cases of nepotism, under Article 11, item XI, when there is a violation of constitutional principles. The requirement of proving specific intent, introduced by Law No. 14.230/2021, has made it more complex to hold involved agents accountable. The study highlights the harmful effects of nepotism, such as administrative inefficiency, resource waste, the weakening of public morality, and the exclusion of qualified professionals. It advocates for the need for clearer and more objective legislative regulation, with well-defined sanctions and exceptions, as well as the strengthening of transparency and social control mechanisms. It concludes that the effective fight against nepotism requires, in addition to legal norms, a cultural change in Brazilian public management, based on ethics, merit, and the collective interest.