O CONTROLE EXTERNO EXERCIDO PELO MINISTÉRIO PÚBLICO NOS ATOS DA ADMINISTRAÇÃO PÚBLICA: UMA ANÁLISE DOS CARGOS EM COMISSÃO E FUNÇÕES DE CONFIANÇA

The present paper aims to review the effects resulting from irregularities in the provision of free nomination posts, that is to say, commission posts and positions of trust, as well as the Public Ministry role as a supervisory agent for Public Administration, mostly regarding the regulation of those posts. Such fiduciary duty posts represent an exception for the Brazilian State Functionalism scenario when dismissing previous approval in public tendering: it is, therefore, an unstable position, maintained on behalf of the trust in the federal agent. However, a myriad of irregular provisions and misuse at government offices around the country has affected the quality of public services, as well as public management, mostly regarding Executive Power. The present study carried out a bibliographic and literature review based on research sources such as jurisprudence, doctrines, academic papers, news, laws, and texts in general, thereby corresponding to a documental research with the inductive method. Therefore, it was concluded that the ministerial body external control constitutes an essential factor for supervision, correction, and awareness concerning cultural and political behavior embedded with the provision of public posts in fiduciary dutyabsolute in functional autonomy and commitment with defending collective interest. Hence, reestablishing the population’s desired quality regarding public service and reaffirming the Public Administration basic constitutional principles.