FUNDAMENTAL DUTY OF PARLIAMENT AND THE CHIEFS OF THE EXECUTIVE POWER TO ALLOW THE SOCIAL CONTROL - DOI: 10.12818/P.0304-2340.2025v86p115

Abstract

This paper deals with a major topic in a
democracy: social control (control of the
Public Administration’s actions by the people).
Considering Brazil is a Democratic Rule of
Law State in which all power emanates from
the people, popular sovereignty is one of its
bases. Furthermore, Public Administration,
when acting, must have the public interest as
its guide, and pay attention to the principle
of publicity, among others. Therefore, the
State must justify its actions to its people in
accordance with constitutional premises. In
respect to this article, the scope deals with
the publicity of administrative acts carried
out by natural persons holding mandates in
parliament and at the head of the Executive
Branch. In addition to the duty to comply
with the attributes inherent to the public
function performed, these people, as citizens
of a community of free and equal people, have
a responsibility towards society. Thus, the
research’s problem is: is there a fundamental
duty in regard to the promotion of social
control by these natural persons that occupies
Parliament seats and in the Head of Executive
Branch? To answer the question, the chosen method is Edmund Husserl’s phenomenology,
revealing the phenomenon, as it presents
itself in the world of life. The hypothesis
brought forward is that, through the liturgy
of the position held, in addition to the
responsibilities arising from the execution of
public activity, there is a fundamental duty,
extracted from solidarity, to provide publicity
for one’s actions.

KEYWORDS: Social Control. Fundamental
duty. Phenomenology.