PUBLIC GOODS DENOMINATION WITH NAMES OF LIVING PERSONS IN ITABAIANA-SE

BREACH OF PRINCIPLES OF IMPERSONALITY AND MORALITY

Abstract

The principles of impersonality and morality are ethical-moral and legal barriers imposed by the 1988 brazilian constituent legislator to prevent personal promotion of authorities and servants, personification of public goods, distancing from ethics and honesty in administration, and consequently fragmentation of social interest. From this point of view, this article has its main scope to analyze the choice of names of living people to name public goods in Itabaiana-SE, due to legislative divergences on this sense. From a bibliographic and documentary research, the study supports that the denomination of public goods and public places with names of living persons clearly violates the principles of impersonality and morality, which is provided for in the Brazilian Federal Constitution, state constitutions, Law No. 6454/1977 and in the understanding of the Brazilian Federal Supreme Court (ADI 307). For this reason, given the mismatch of the rules that allow this type of regulation of the names of public goods and public places in relation to the higher standards, it is up to the Sergipe State Court of Justice, when provoked, to declare the unconstitutionality of these affairs to those principles.