Committee positions, technology and implementation of social rights

Puestos en comisión, tecnología y aplicación de derechos sociales

The purpose of this article is to evaluate the effectiveness of social rights through the constitutional limitations imposed on discretionary acts, considering the commissioned nature of the positions held by public officials and the possibility that technical knowledge is a major factor in decision making. In order to achieve the aforementioned objective, this research is based on theoretical, jurisprudential and historical references, in addition to the analysis of the doctrine and normativity governing the matter, with a core of axioms that must support the discretionary decisions of public managers in the selection of positions positions of discretionary appointment and exoneration. Initially, this study will focus on the main characteristics of public positions of discretionary appointment and the prohibition against arbitration. Then, it seeks to verify how the constitutional limits to discretionality foster the enforcement of social rights through the interpretation of the Judiciary’s judgments. Afterwards, clientelism and goals are presented at the discretion of the public administrator.In conclusion, this investigation proposes the use of data and information technology as a tool in the decision-making process of  public administrators and in the transparency of acts.