Controle social efetivo de políticas públicas / Controle social efetivo de políticas públicas

AUTOR(ES)

Ovidio Rizzo Junior

DATA DE PUBLICAÇÃO

2009

RESUMO

The production of texts is wide and the discussions are focused on tax collection but the interest demonstrated by our scholars on the way whereby the very high tax burden charged from taxpayers is used is extremely poor. The issue becomes unintelligible in view of the extreme poverty in which one fifth of the Brazilian population lives and of the fact that the controlling authorities exercise their remedying powers only after the damage is consummated. However, prior control is not only that formal participation consisting in the agreement with certain acts performed by Public Authorities, it is the time when the Court exercises its surveillance, not the mechanical obligatoriness required for effectiveness of the act. Such mismatching occurs because of the inadequate paradigms of Adrninistrative Law and Constitutional Law, which insist in surviving in a modern and democratic State, and further, a State conformed to the republican system. In opposition, the Law (both material and formal) must promote an interrupted interactivity between the State and society and the creation of a civic awareness, capable of preventing the citizens exclusion from public management. The social control proposed is ultimately grounded on the imperfections of the representative democratic system and on legal unsafety, which the judicialization of public policies and a wider performance by the Audit Court, capable of reaching the channels of the budget types, could provoke. Thus, the democratic game would not be played only in appearance, since democracy and the exercise of contestation are angles of the same materiality. In short, the state of permanent exceptionality in which we live, which is the product of an extreme unbalance among fact, value and norm, requires an immediate change in the inoperative checks-and-balances system. However, the enlargement of the control means shall only be safe if the system allows the populations actual participation in the wide discussion that must be conducted among all actors who represent an actual deliberative democracy. Social control is not a remedy for all diseases, but the only form of rendering effective the complex set of options used for the efficiency of internal and external controls of public policies. As warned by Bobbio, quoted in the conclusion of the work, "we are already too late (...). We have not much time to waste".

ASSUNTO(S)

políticas públicas agências reguladoras orçamento público (direito financeiro) globalização state of exceptionality tribunal de contas public budget judicialization of policies social control public policies

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