Direito e gestão pública: política pública como forma de manifestação da função administrativa aplicabilidade do regime jurídico administrativo ao ciclo de gestão de políticas públicas no Brasil / Direito e gestão pública: política pública como forma de manifestação da função administrativa aplicabilidade do regime jurídico administrativo ao ciclo de gestão de políticas públicas no Brasil / Law and public administration: public policies as a manifestation of the administrative function the applicability of the judicial administrative regime on the administration cycle of public policies in Brazil / Law and public administration: public policies as a manifestation of the administrative function the applicability of the judicial administrative regime on the administration cycle of public policies in Brazil

AUTOR(ES)
DATA DE PUBLICAÇÃO

2011

RESUMO

The present master thesis aims to investigate the possibility of recognizing public policies as a manifestation of the administrative function within Administrative Law and, consequently, the applicability of the administrative judicial regime concerning the administration cycle of those public policies, regarding the Brazilian Federal Constitution (1988). Considering that Brazil is characterized by a socioeconomic diversity and development, the issue of public policies deserves to be better discussed and understood within the social context that attributes continuous legitimacy to the State, which is responsible for implementing social policies, and therefore, needs to improve the strategic organization of its multiple functions. From a systematic interpretation of the Federal Constitution it is possible to extract a group of norms that regulates public policies in the sphere of the Federal Public Administration, which is oriented for fulfilling the goals of the Brazilian State. The aim of this thesis is to analyze, through a principiological perspective concerning the positive law, the relationship between the concepts of public policy and administrative function. This relationship is considered to be healthy for the public administration once it is concerned and compromised with the protection and promotion of fundamental rights. Furthermore, it must enhance specific mechanisms of administration that justify the public choices. Given this analysis, one can understand the direct correspondence between the elements of the concept of public policies and those elements of the administrative function. Both concepts converge for giving birth to a relationship of group administrative function and subgroup public policy. Therefore it is important to recognize public policies as part of the Administrative Law. It is also urgent to recognize the need to establish a methodology of investigation about the legal correspondence between public policies and the judicial administrative regime, through its applicability regarding the different phasis of the administration cycle of public policies, which enables the improvement of the instruments of governmental action and, therefore, the fulfillment of the fundamental rights

ASSUNTO(S)

direito política pública função administrativa direito administrativo ciclo de gestão de políticas públicas administração pública public policy administrative function administrative law administration cycle of public policies public administration

ACESSO AO ARTIGO

Documentos Relacionados