Direito como integridade, nepotismo e súmula vinculante nº 13: um estudo crítico

Abstract

Nepotism, in this study, may be understood by the favoritism granted to public agent’s relatives on getting a public job without showing any merit for it. It is being practiced, in Brazil, since the arrival of the Portuguese colonizers. With the creation of the binding precedent no 13, the Supreme Court banned this practice so deeply rooted in Brazilian’s public administration. Despite being created as a reflection of a popular desire for morality, this binding precedent has some formal and material vices. Using Ronald Dworkin’s law as integrity theory, this study intends to formulate a critical analysis of the precedent, pointing existing problems and possible solutions, in order to refine and develop the binding precedent. For this research, the interpretative method was used, allowing the analysis of the content of the binding precedent no 13 and other related laws.