Ativismo ministerial na implementação de políticas públicas

The research aims to analyze the reasons and the unique role of prosecutors in the promotion of public policies. The opening lines deal with the evolution and expansion of the general theory of the fundamental rights in the international and national levels and that have led to the creation of a welfare state concerned with carrying out positive actions which aim at the community well-being. Thus, it is clear that, after the uneven development of the Brazilian democracy, the Constitution of 1988 not only has erected to a state socially responsible, but also built a system of guarantees which highlights the significant expansion of the Powers of the Public Ministry and has now taken an outstanding position in regard to collective rights, allowing, at the same time, its members to perform the syndication of state actions, particularly public policies, correcting the course of these administrative processes in the presence of poor management and inactivity of the public administrator when acting in defense of fundamental rights. This ministerial activism, even facing the obstacles and boundaries submitted to its pursuit, has shown an increase in actions that culminated, in the last ten years, in a significant number of judicial and extrajudicial measures that indicated the correction of public policies and actions in areas of health, education, housing and the environment. In this process of monitoring and doing, the important role of the other social characters is highlighted, especially the one of the citizen who is responsible for most of the complaints that start the initiatives of the Public Ministry and that can be deployed through a significant list of judicial and extrajudicial instruments, especially the important procedure that allows the hearing and participation of the involved in the implementation of public policies, enabling a collective even a consensual solution of the matter generated among the Public Administration. Given these initiatives, the ministerial activism has established itself as a movement of its own characteristics, aimed to guarantee the fundamental rights, especially when these are not targeted by state actions that should contribute to the achievement of the democratic state of law idealized by the Federal Constitution without any distortion of direction. Nevertheless, this activism still seeks for its full accomplishment in the practical world

Direito à moradia em cidades sustentáveis: parâmetros de políticas públicas habitacionais Natal 2013

The right to housing is included in several international human rights instruments and in Brazilian legal system integrates the constitutional catalog of fundamental social rights (art. 6) and urban development policy (art. 182 and 183). Besides, it is for all federative governments its effectiveness by building programs and improvement of housing conditions and sanitation (art. 23, IX), which justifies the investment in urban planning and public policy of housing affordability because they are tools for achieving this right. Newer strategies in this area have been based on tax incentives, combined with the mortgage as a way to induce the construction of new housing units or reform those in a precarious situation. However, there is still a deficit households and environmental soundness, compounded with the formation of informal settlements. Consequently, we need constant reflections on the issue, in order to identify parameters that actually guide their housing policies in order to meet the constitutional social functions of the city and ensure well-begins of its citizens (art. 182). On the other hand, the intervention of the government in this segment can not only see the availability of the home itself, but also the quality of your extension or surroundings, observing aspects related to environmental sanitation, urban mobility, leisure and services essential health, education and social assistance. It appears that the smoothness and efficiency of a housing policy condition to the concept of adequate housing, in other words, structurally safe, comfortable and environmentally legally legitimate, viable from the extensive coordination with other public policies. Only to compliance with this guideline, it is possible to realize the right to housing in sustainable cities

Desenvolvimento como acesso às políticas públicas: a reforma do estado e a concretização dos direitos prestacionais

The state s evolution, after its liberal and the social stages, arrives at the post-social state, also regarded as regulatory state, which, in order to accomplish the state s aims, employs indirect interventions in the economy. The new model of administration adapts principles and concepts form the private sector such as the quest for efficience and tangible results, also striving for the decentralization of state s power to improve effectiveness before the new paradigm of handling of affairs of public interest. Present state derives its legitimacy from the efficiency principle, the legitimacy of the public administration cannot be limited to an analysis of legality, but the fulfillment of the ends envisaged by the public authority on its policies. These public policies have the objective of satisfying fundamental rights of the citizens. The access to public policies set by states as a way of enjoyment of the aforementioned rights constitute a legal and demandable path of development. The creation of public policies and the access to them must abide to the efficiency principle. This access must be taken unther the principles of legal and material equality, inasmuch as the liberty and real liberty. The access must also be observed as a matter of limited resources to grant, in reality, the access and enjoyment of these rights. The demandable nature of the access to public policies binds the public authority into broadening the range of these policies to every one who needs them. Thus, in this spectrum, the role of the Regulatory State, as the legal instruments for access of public policies as a legal path to development, is analyzed in the present work

Ativismo judicial e materialização das políticas públicas infanto-juvenis na constituição da república: Fixação de planos ideais de atuação para os atores do Sistema de Garantia de Direitos (SGD)

The research arose from the necessity of showing ways to be followed by the actors of the System Guaranteeing Rights of the Child and Adolescent (SGD), regarding the implementation of rights for young people, because the legislation in force in Brazil is currently considered a model around the world and, paradoxically, the fundamental rights of children and adolescents are not met, even with the constitutionally guaranteed priority. Thus, the study investigates the fundamentality rights for young people, enshrined in the Constitution of the Republic, as well as the ways of effectiveness of these rights through the actions of actors of the System Guaranteeing Rights, especially the judiciary. Focusing realized, studying theories of fundamental rights, especially Structuring a Theory of Law (Strukturiende Rechtslehre), Friedrich Müller, who emphasizes the need for analysis of social reality in the application of the rule of law. Study also the public budget and public policies concerning children and adolescents, with emphasis on preparation of budget laws and the process of discussion, deliberation, choice and implementation of public policies for children and teenagers. It then presents the typical functions of the members of System Guaranteeing Rights, as well as prepare a plan for optimum performance for each of the actors, with emphasis on analysis of the implementation of public policies at the municipal level. Finally, it analyzes the theory of separation of three powers, and discusses the positive and negative factors for judicial intervention, concluding that the Courts can consider the action activist, from finding the omission of the Executive and legislative branches, as regards the implementation of the rights of children and adolescents, as well as the rights of children and young people are not realized in most cases, due to the omission of actors of the System Guaranteeing Rights

Plano de desenvolvimento sustentável e articulação de políticas públicas: o controle de políticas ambientais pelo poder judiciário

The right to the preservation of a healthy environment is perceived as a Fundamental Right, inserted in the National Constitution and referring to present and future generations. The preservation of the environment is directly connected to the right to Health and Human Dignity and, therefore, must be treated as a personal right, unavailable, claiming for a positive response from the Brazilian State, through the development of related public policies, control of potentially harmful economic activities, with special focus on the principles of precaution and solidarity. The Brazilian judiciary must thus be attentive to the guardianship of the Fundamental Right. The judiciary control over the execution of public policies is based on obeying the principle of the separation, independence and harmony between the Powers, however it should never deviate from the constitutional obligation of caring for the effectivation of the rights and guarantees within the Magna Carta. In the balance between the principle of human dignity, from which springs the right to a healthy environment and the principle of separation of powers, the former should prevail, maintaining the latter to a core minimum.

Políticas públicas e associativismo no RN: experiências populares

Rural Popular experiences, socially organized on the constructions of the dams at Espinharas River, Serra Negra do Norte, which have been investigated, have reached in positive results. Several institutions, such as the City and State Power, multilaterals, governmental and non-governmental financial organizations, commonly refer to the success of such experiences. What success are they referring to? Is it recognized by family rural workers? What about institutional parts, how do they evaluate such experience? Is there legal continuity on such association structure? What kinds of gains have there been with such experiences? Has the association structure become any stronger? In search for demystifying the process, it has been made a research on classic and contemporaneous authors, as well as the interview of ten institutional parts, and twenty rural parts involved on the process, as well as the analysis of thirty-eight of the associations. It was concluded that the applied social public policies had resulted in heterogeneous social-economical process that has fulfilled the first step of a planning (not yet documented, but know by some institutional parts which lead, and still lead such social initiative). In the coming years the associations are to have a great potential for development, with the dams, as well as other projects. This persistence and external support, when integrated may have great deeds come to reality

O desafio constitucional da distribuição dos royalties de petróleo da bacia pré-sal para promoção de políticas públicas

The administrative model of the Brazilian State, based on regulation, strives, with the application of the efficiency principle and assessment of economical costs, to give a greater effectiveness to fundamental rights by implementing public policies.The objective of this work is to analyze the role of Oil royalties in the context of the Brazilian State, considering that, being an income gap, they might work as a device that promotes intra/intergenerational justice. By means of a correct and efficient distribution and application in the national region, the royalties constitute financial resources available for implementing public policies that intend to guarantee the fundamental rights; above all, with the discovery of the Pre-salt basin and the indisputable rise in the tax revenues arising from Oil exploration. In the making of this work, the theoretical-descriptive methodology is observed, grounded in a critical-reflexive analysis about Constitutional Law and Oil Law. This work analyzes the administrative model of the Brazilian State, the theory of costs of fundamental rights and the theoretical aspects about royalties, such as: the ethical and economical fundamentals, the distribution and destination of revenues, considering the oil exploration scenario before and after the discovery of the pre-salt basin. it is verified, with the present work, the importance of the creation of a new regulatory framework, and consequently the creation of a sovereign wealth fund, which arises to re-evaluate the application of the current norms of Oil revenue distribution. Still, it is imperative that the mechanisms for controlling the application of royalties are defined in detail, so that those can fully admit the objectives of intra/intergenerational justice. Furthermore, it is emphasized that this process should develop from the efficiency principle viewpoint, as well as the principle of reducing social and regional differences, given that the Oil revenues might be used to ensure fundamental social rights, by implementing public policies that are aligned with the development recommended by the Federal Constitution

Políticas públicas para o turismo e desenvolvimento local: reflexões a partir dos "caminhos de fé" no semi-árido potiguar

This study analyzes the event of the Feast of Our Lady of Grace, located in the municipality of Florania / RN as a tourism product, inserted in a process of transformation of a sacred place, in principle determined by religious motives, in a destination "tourist-religious". We seek to understand to what extent state intervention, with policies aimed at boosting the tourism sector as well as the interactions among key actors in the space, are able to modify and streamline the city of Florania, particularly Feast of Our Lady of Grace. The methodology also includes the review of the literature using the deductive method the application of questionnaires to the pilgrims, tourists and pilgrims totaling 150 questionnaires. Along with the economic agents of the municipality, 36 questionnaires were administered according to the model adopted by REDESIST. Complement this research interviews with key Officials of the Municipal Government and the Church. Despite the recognition by the actors of the importance of tourism to the economy of the city of Florania, encouraging the development of the sector is still lagging, some worked and policies / programs listed actually pass by the "Paths of Faith" of Florania. Concerning the Feast of Our Lady of Grace, the bottlenecks reported by researchers and economic agents are very partially affected by the policies / programs and when this occurs, the effort seems to be only reactive, resulting from the pressures experienced by the municipal government (mayor)

Políticas públicas de atendimento à criança: desafio da ação articulada no Projeto Belém Criança (2001-2004)

Public politics of Service to the Child: The Challenge of the Action Articulated in the Project Belém Criança (2001-2004) if it constitutes in a study on the politics directed toward the children of 0 the 6 years. It has as objective to analyze the configuration of the politics of integral attention to the child, evidencing the form as the same ones they had been redimensioned by the neoliberal ideas and by the lines of direction of the international organisms. The work has like empiric reference the project Belém Criança, developed by county of Belém from a partnership with the Deep of United Nations for Infancy (UNICEF), in the period of 2001 and 2004. The project intends to develop an articulated action among the several county departments which offer assistance to the children looking for to rationalize the resources and to optimize the services. Amongst the methodological procedures that materialized the research distinguished: The bibliographical review and documental allowed to analyze the contextualization of the public politics and, between them, the social politics of attendance to the child; the historical revolution this attendance; the paper of the UNICEF how articulator of the politics in municipal scope; and the paper of county how executer these politics. Still it was utilized, the half-structuralized interview, Having like subjects: the representative of the UNICEF in Belém, the municipal co-managers and actors of community in which the project was implemented. The result of the analyzes review that, historically, the politics destined to the child they had been being dimensioned having like support the fight of social movements vindictive for publics politic which guarantee the fundamentals rights these citizen. Although legal dimension of current politics of attendance to the child, to assume a vision of completeness and the guarantee of the rights, it still has a great exaggeration between the speech and the practical one. Actually, the same one are elaborate inside the neoliberal optics, with ruled actions by the beginning in combat to the poverty, implanted with low costs and with practice which to lead to the excessive fragmentation, generating inadequate actions and punctual programs which don t guarantee the social quality of the attendance. This perspective was evidenced to the most of the actors which the Project Belém Criança don t constitute itself a real public politic toward the child of 0 the 6 years, although present innovating aspects, how the mobilization and participation. It was demonstrated yet, in the participant s depositions of the research, that the bureau had numberless of difficulty to develop the action preview in the project, it has seen the great complexity of articulation between the several organism responsible by politics of attendance

A participação popular na elaboração de políticas públicas de desenvolvimento local: um estudo no Município de Serrinha/RN (1997-2004)

The question of participation has been debated in Brazil since the 1980 decade in search a better way to take care of poulation s demand. More specificaly after the democratic open (1985) begins to be thought ways to make population participates of decisions related to alocation of public resources. The characteristic of participates actualy doesn t exist, population to be carried through is, at top, consulted, and the fact population participates stays restrict to some technics interests at the projects, mainly of public politics of local development. Observe that this implementation happens through a process and that has its limits (pass) that could be surpassed through strategies made to that. This dissertation shows results of a research about participative practices in city of Serrinha between 1997 and 2004, showing through a study of the case of Serrinha what was the process used to carry through these pratices in a moment and local considered model of this application. The analyses were developed through a model of research elaborated by the author based on large literature respects the ideal process to implant a participative public politics. The present research had a qualitative boarding, being explorative and descritive nature. The researcher (author of this dissertation) carried through all the research phases, including the transcriptions of interviews that were recorded with a digital voice recorder. Before the analysis of these data was verified that despite the public manager (former-mayor) had had a real interest in implant a process of local development in city, he was not able to forsee the correct process to do it. Two high faults were made. The first was the intention to have as tool a development plan, what locked up to make this plan was the booster of supossed participative pratice and no the ideal model that would be a plan generate by popular initiative. The second one was absence of a critical education project for the population that should be the fisrt step to carry through a politc like that

Políticas públicas para a juventude: uma análise do Projovem Adolescente sob a perspectiva dos participantes

A partir dos diagnósticos das vulnerabilidades da condição juvenil contemporânea, as Políticas Públicas de Juventude tem ganhado maior força e um lugar mais definido nas pautas das demandas e conquistas sociais. Faz-se necessário, então, direcionar atenção para estas Políticas Públicas, a fim de promover uma reflexão sobre como ocorre a execução destas junto ao seu público alvo. Esta dissertação centraliza sua análise no Projovem Adolescente (PJA), uma das modalidades Programa Nacional de Inclusão de Jovens PROJOVEM que se destina ao atendimento de jovens com específica faixa etária entre 15 a 17 anos, com caráter assistencial e socioeducativo. Desta forma, o objetivo geral deste estudo foi discutir as ações do Projovem Adolescente no que diz respeito ao processo socioeducativo, a partir da perspectiva dos adolescentes participantes da cidade de Natal/RN. E, especificamente, objetivou-se: investigar de que maneira os adolescentes avaliam as atividades das quais participam, considerando se suas expectativas coincidem com as propostas do serviço; averiguar a participação dos adolescentes na elaboração, execução e avaliação das ações socioeducativas do serviço; bem como compreender as motivações que contribuem para a inserção e permanência ou evasão dos adolescentes no PJA. Para tanto foram realizados três grupos focais com adolescentes participantes do Projovem Adolescente, em diferentes núcleos do serviço, no município de Natal/RN. Cada grupo focal contou com dois encontros, em que primeiramente foram debatidos aspectos da participação nas ações socioeducativas e, num segundo encontro foram realizadas oficinas de produção de fanzines. A análise qualitativa dos dados foi realizada a partir da perspectiva teórica do materialismo histórico-dialético, utilizando-se como método de análise o Método Comparativo Constante, baseado na Teoria Fundamentada, que busca compreender o significado do fenômeno sob a perspectiva dos participantes. Os resultados foram apresentados divididos em eixos de análise os quais versaram sobre: as concepções dos jovens sobre adolescência e juventude; e a participação nas ações socioeducativas do PJA, destacando-se as características positivas e negativas apontadas pelos participantes, a relação dos jovens com o trabalho e as possibilidades e contribuições do PJA em seus contextos de vida. Em vista da análise empreendida, é possível constatar que a concepção dos participantes sobre a própria vivência da adolescência e juventude se encontra marcada pela absorção de determinadas imagens socialmente atribuídas aos jovens, como a que considera a juventude enquanto etapa de preparação para o mundo adulto. A participação nas ações socioeducativas, por sua vez, foi, de uma maneira geral, avaliada positivamente pelos participantes, não obstante esta avaliação, os jovens apresentaram uma visão muito crítica sobre a execução do serviço no município de Natal, relatando conhecer bem as dificuldades de ordem da gestão, bem como as contradições e limitações nas ações do serviço. Compreende-se a perspectiva da inclusão social no contexto neoliberal em que são implementadas as políticas sociais, contudo acredita-se que dar voz aos jovens participantes contribuiu para proporcionar uma reflexão sobre o modo como as políticas sociais, através do Projovem Adolescente tem atingido seu público, considerando as questões e perspectivas apresentadas pelos jovens como ferramentas a serviço das juventudes na construção de políticas democráticas e efetivas

Políticas públicas e as transformações socioespaciais correlacionadas ao turismo no município de Caicó: uma análise do período 2000 a 2010

The study presents an approach on planning, sociospatial transformations and public touristic policies implemented between 2000 and 2010 in Caicó, encompassing people from the government, private sector and the population of the municipality and informal traders who use the leisure facilities and services arranged in place. As the main goal, the research intends to analyze the performance of public and private sectors correlated to the touristic activity in Caicó city and their reflections in the process changes sociospatial. The dissertation is structured in order to carry out an investigation into the role of public policies to the development of a location with touristic potential, in this case, the municipality of Caicó; to investigate public policies implemented in the touristic industry of Rio Grande do Norte, particularly the actions of PRODETUR-Nordeste focused on the development of the tourism in the countryside, affecting particularly the region of Seridó region and the municipality of Caicó, and, finally, to check the main changes sociospatial verified in Caicó between 2000 and 2010. Cultural issues and certain natural beauties can be seen as attractions that can attract tourist demand, taking into consideration the awakening increasingly more evident quest by the tourist for knowledge of the peculiarities of the region. Several authors have worked in this view, pointing to the cultural aspects of the region as elements that are able to boost the touristic activity. The questions raised in this study was based on a literature, based mainly on authors like Beni, Dias, Cruz, Azevedo and Morais. To obtain the necessary data in the analysis, the methodological procedures used in intensive direct observation, using interviews, applied together with the public representatives who are acting as leaders of the political actions related to tourism in the municipality and members of the private sector related to tourism services such as lodging establishments, food and travel agency and, finally, the local people and informal traders benefited directly or indirectly, with the touristic resources and structure. These research agents were investigated by means of structured forms such as support for analysis. Was detected in the survey that the leisure facilities and services installed in the last decade in the city of Caico has a priority the population of the municipality, is necessary to emphasize that the residents interviewed perceive the importance of these tools for tourist activity. It was also found that the public sector is the main responsible for the observed changes. Therefore, proved to be relevant to study the role public private sector partnerships and population influences, considering that this analysis may contribute to the work of researchers, public administrators and businessmen, may serve as a norteador for planning and development of tourism in the city of Caico

Turismo, território e políticas públicas: uma análise do destino João Pessoa/PB

This study presents an approach to tourism activity from the perspective of the territory, analyzing the importance of the roles of the State and public policies for tourism development. Tourism in the northeastern region of Brazil begins to take its rise from the late 1970 through public policies, whose goal was to provide the necessary conditions for tourism development. The tourism public policies were the key elements in the production process of tourist territories in the region. In the state of Paraíba, the public authorities elected the coastline as the main attraction and the state capital, João Pessoa, as the locus for the tourism development, with the city receiving a series of public policies. In this context, this research aims to analyze the development process of three specific public policies for tourism development in João Pessoa: The (mega)Projeto Costa do Sol (1988), the PRODETUR/PB I and II (1997 e 2005) and the Plano Estratégico de Desenvolvimento do Turismo na Paraíba, the Plano Amanhecer (2000). This study was guided by the question that even having been contemplated by the tourism public policies, João Pessoa still remains in a peripheral position in the regional tourism market. The methodological procedures for this study were literature and documents research and semi-structured interviews with tourism public officials and representatives from local tourism trade. The research came to prove that the discontinuity between governmental administrations hampered the implementation process of the tourism public policies studied. It was observed that the implementation of tourism public policies in the long term depends on the interaction between governments, as well as the collective political will to develop tourism in Joao Pessoa

Estudo sobre a mortalidade e sobrevivência de micro e pequenas empresas natalenses e seus impactos nas políticas públicas pró-empreendedorismo

The principal purpose of this research was to investigate discriminant factors of survival and failure of micro and small businesses, and the impacts of these factors in the public politics for entrepreneurship in the State of Rio Grande do Norte. The data were ceded by SEBRAE/RN and the Commercial Committee of the Rio Grande do Norte State and it included the businesses that were registered in 2000, 2001 and 2002. According to the theoretical framework 3 groups of factors were defined Business Financial Structure, Entrepreneurial Preparation and Entrepreneurial Behavior , and the factors were studied in order to determine whether they are discriminant or not of the survival and business failure. A quantitative research was applied and advanced statistical techniques were used multivariate data analysis , beginning with the factorial analysis and after using the discriminant analysis. As a result, canonical discriminant functions were found and they partially explained the survival and business failure in terms of the factors and groups of factors. The analysis also permitted the evaluation of the public politics for entrepreneurship and it was verified, according to the view of the entrepreneurs, that these politics were weakly effective to avoid business failure. Some changes in the referred politics were suggested based on the most significant factors found.

Avaliação de políticas públicas para arranjos produtivos locais: a eficácia da terceira edição do PROCOMPI no apoio ao APL de água mineral da grande Natal

This study has the objective examine the mechanisms of programs oriented fort cluster development, focusing on the analysis of the effectiveness of Procompi on support to APL of Mineral Water in Natal/RN. Search on the theory on public policy and support on apps for the theoretical and methodological reasons for the success of the program. In the document analysis was used reports from SEBRAE, IEL and SINCRAMIRN and was realized survey in the companies. The research indicates that not reaching the goals set. It is concluded that a poor definition of objectives and lack of orientation to the external economies are the causes of the failure