THE HERMENEUTIC FUNCTION OF FUNDAMENTAL LAW TO GOOD GOVERNANCE

Abstract

This article aims to present the hermeneutical content of the Fundamental Right to Good Governance. Therefore, it initially addresses the idea of ​​governance, starting from the influence that this concept suffered from the governability. Once the concept has been established, an investigation is carried out on the formation of the legal content of the right to good governance, as a general clause to be introduced in the public policy control system, with final, procedural and economic aspects. Further on, it highlights the content of the right to good governance with the status of a fundamental right, based on the Charter of Fundamental Rights of Europe (Nice Charter), in the specific case of the European countries of the bloc, and also, as an implicit fundamental right, in the case Brazilian, having as its scope the democratic and republican aspects. Finally, the hermeneutic content of the fundamental right to good governance is revealed, proposing the identification that such hermeneutical function, implemented by the Judiciary, must be centered within a limiting binomial. On the one hand, the proactive, finalistic and procedural control by the Judiciary Branch and, on the other, as a limiting point of this action, the judicial self-restraint in matters of pure administrative merit.