Outsourcing in the public sector: an example of Law enslaved by management

Abstract

This article aims to analyze the conduct of outsourcing in the federal public sector through the study of TCU 1214-2013-Plenary Judgment, showing the relationship that hangs between law and management. The Democratic State of Rights emerges as a limitation to the state powers and constitutional provisions as northern political action. However, when the democratic state is unable to regulate the state, there emerges a law subjugated by management, used as a tool in achieving the objectives of the dominant mode of production. In this process, the state constitutes a capital instrument in the destruction of fundamental social rights. Institutionalized banalization of evil reaches the legal and political institutions with attribution to preserve constitutional order, insensitive to the humanistic and social values, turning violence into something trivial. The contribution of the research is to invite legal political institutions at a critical look at their own performance.