All-or-Nothing: case study on the decision-making of the public manager for the qualification of Certified Translators and Commercial Interpreters (TPICs) by public tender instead of ad hoc appointment
Decision-making process; Principles and rules; Discretionary; Certified Translator and Commercial Interpreter (TPIC, Sworn Translator); Ad hoc appointment
The present work has as main objective the analysis of the ad hoc nomination process, from October 1988 to May 2009, for Certified Translators and Commercial Interpreter (TPICs) carried out by an autarchy of the State of Minas Gerais. This study describes the main criteria adopted by the manager of this Minas Gerais autarchy in the decision to hold a public exam for the qualification of TPICs in place of the ad hoc appointment considering the rules and principles that govern public administration, in the light of Dworkin's studies about discretion and decision based on rules and principles. This is a longitudinal, qualitative and descriptive research. The methodology is the study of simple case with technique the data collection research, followed by document analysis and content analysis. In the results, study points to the use of the principle of efficiency as criterion for appointments ad hoc due on the given routine to the procedure. Once the social approval pattern has changed, the criterion was follow the rule that obliges the holding of the contest, that is, all-or-nothing, under Ronald Dworkin's terms