Law versus morality
governance and integrity in public administration under a new paradigm of action
DOI:
https://doi.org/10.12662/2447-6641oj.v24i45.5446.pe5446.2026Keywords:
ethics, governance, moral, integrity, public administration agentAbstract
Objective: The objective of this article was to evaluate the emergence of a new paradigm of Public Administration action, based on a reflection on the relationship between governance and integrity versus law and morality, in light of the philosophy of law.
Methodology: Descriptive, qualitative, applied, documentary and bibliographic research was carried out broadly based on authors in the area of administration and law, especially Constitutional and Administrative Law, aligned with the study of governance, ethics, morals and public integrity.
Results: This research has demonstrated the importance of analyzing the actions of public administration agents based on the application of governance mechanisms and integrity programs, which incorporate a new perception of the old relationship between legality and discretion. In other words, we acknowledge that discretion can disregard the application of law under the argument of adopting a "more moral" or "more ethical" conduct, based on the constitutional principle of administrative morality.
Contributions: We faced the discussion of whether it would be appropriate for public administration agents to disregard the application of the law under the argument that they were adopting a conduct considered "more moral" or "more ethical"? Emphasizing that these would be distinct conducts, in the end, we realize that, based on administrative legality, the answer seems to be affirmative.
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Copyright (c) 2026 Grace Ladeira Garbaccio, Vládia Pompeu
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