By VINÍCIO CARRILHO MARTINEZ, CARLOS EDUARDO MONTES NETTO & VINÍCIUS SCHERCH*
Establishing a discussion about ethics, politics and politicking is located in a gray area of scientific argumentation
This text was motivated by incomprehensible discussions in a WhatsApp group, with individuals who, theoretically, should not express conflicting values to some of the arguments presented here — especially when one has fairness and intellectual honesty in mind, when “militancy” does not goes beyond common sense and ethical duty towards the democratic constitutional order.
There would be no reason to say this, however, we wrote a “school lesson” with the aim that “militancy” is not confused with the fight for the right and, thus, that we can contribute so that there is no distortion with the assumptions and principles of public law, politics and that ethics itself is a guide for political-legal reflection/action.
With this in mind, let us remember that there are many challenging situations that we currently face — two wars with the possibility of escalating into regional conflicts, pollution, deforestation, global warming, human misery —, and, not to mention the endless cycle of authoritarian solutions (at least dark) against democracy, in the latest example of Venezuela, in Brazil, we have the usual: dangerous, pernicious, cavilous, predatory, autocratic, patriarchal elites, with alliances to the extreme right (fascism).
If it weren't for everything else, this would be enough to generate long dialogues, teachings, debates, workshops, readings, reflections (actions) around obvious themes and questions — but this should happen every day, at home, in schools, as a vibrant part of political self-education for the decompression of “poor, black and oppressed people”.
Some of these themes would be: transparency, clarity, responsibility, effectiveness, predictability, proportionality. Just as the axes to guide us, from early childhood, would deal (in classes and books, or in playrooms) with subjects such as: ethics, public law and politics — and their deviations: politicking, corruption, misuse of public resources, sponsorship, populism, nepotism.
Today, as a contribution, we will bring a few lines about this aforementioned “thematic axis”.
Ethics, politics and politicking: what can the principles of public law teach?
Establishing a discussion about ethics, politics and politicking is located in a gray area of scientific argumentation, as it involves the application of objective concepts and also some subjective characteristics. It is an intertwining of aspects of philosophy and social sciences, culture and society that, to a certain extent, shape the individual's (politician's) understanding of the duties he or she has in the public space.
In the dynamics of public conduct and the duties that people assume in the face of political commitments, the principles of public law can help in understanding the topic, in order to avoid deviations from ethics and politics.
From this legal perspective, art. 37, caput, of the 1988 Federal Constitution establishes that the direct and indirect public administration of any of the Powers of the entities that make up the Federation must comply with the principles of legality, impersonality, morality, publicity and efficiency.
With specific regard to administrative morality, it is said that the public administrator must behave like Caesar's wife, it is not enough to just be honest, he must also appear to be honest.
In this context, what is called administrative improbity actually constitutes, according to jurist José Afonso da Silva, an “act of qualified immorality”.
Ethics in politics, in turn, refers to the set of values and principles that guide the actions of public agents, so that their decisions and behaviors are fair, transparent and aimed at the common good. In democracy, ethics are essential for building a space for public discussion and achieving the civilizing process.
When we write Politics — different from politics — we have the expression of human action based on the civilizing process and the construction of society. polis.
When it comes to politicking, it is characterized by the use of dishonest or immoral strategies and practices (“Brazilian way” too), targeting private interests to the detriment of the public interest. Politics has the potential to discredit democratic institutions and undermine the effective functioning of the State. Politics is contrary to ethics and politics.
The principles of public law, mentioned above, represent more than the good intentions of the constituent, configuring true fundamental commandments that guide the actions of public agents, aiming to ensure that all actions are in accordance with the law, that decisions are not influenced by private interests, that actions are morally acceptable, that the transparency of public activities is guaranteed and that the best use of public resources is made.
Compliance with these principles is capable of preventing practices of corruption, nepotism and favoritism, contributing to the construction of a more integral and effective public administration. Furthermore, ethics in politics is not limited only to compliance with the law, but reaches a praxis affects social justice and the well-being of the community.
*Vinicio Carrilho Martinez He is a professor at the Department of Education at UFSCar. Author, among other books, of Bolsonarism. Some Political-Legal and Psychosocial Aspects (APGIQ). [https://amzn.to/4aBmwH6]
*Carlos Eduardo Montes Netto He has a doctorate in law and is a judge.
*Vinícius Scherch is a PhD student in Science, Technology and Society at UFSCar.
References
ARENDT, Hannah. the human condition. Rio de Janeiro, University Forense, 1991.
BOBBIO, Norberto. The future of democracy: a defense of the rules of the game. Rio de Janeiro, Peace and Land, 1986.
CANOTILHO, José Joaquim Gomes. rule of law. Lisbon, Gradiva Edition, 1999.
COMPARATO, F. Konder. The historical affirmation of human rights. Sao Paulo, Saraiva, 2001.
FILHO, Roberto Lyra. What is right. São Paulo, Brasiliense, 2002.
SILVA, José Afonso. Course of positive constitutional law. 22nd ed. Malheiros Editores Ltda: São Paulo, 2016.
SUNDFELD, Carlos Ari. Fundamentals of Public Law. Malheiros Editores, São Paulo, 2004.
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