O ativismo judicial em investida ao Estado democrático

Pós-graduação em Direito - FCHS

Orçamento participativo e instituições participativas: aspectos para a avaliação de experiências e casos

This article is to discuss the evaluative perspectives from which it is possible and convenient evaluate the Participatory Budgets (PBs) and the participatory institutions (PIs) that are being experienced in Brazil since the last two decades of the last century. It is proposed an integrated perspective of evaluation of PBs and PIs, in order to avoid partial and biased conclusions, especially those which are based solely or primarily on quantitative methodologies. This discussion is necessary since, in the past five years, the criticism of these experiments has been increasing. Through critical and creative reflection, in essay form, and based on the recent literature on the topic, it is concluded by the need to adopt, in the empirical evaluation, an integrated approach of evaluation of the PBs and the PIs, such as it is proposed in this article. It is conclude also which is fundamental for the theoretical advancement on the subject dedicate special attention to the desirability or not of adopting the criterion of popular participation in government decisions under representative democracy, since it is refuted by public choice and defended by neo-republicanism.

Estudos sobre as instituições participativas: o debate sobre sua efetividade

The main purpose of this article is to introduce the debate on the effectiveness of the participatory institutions in Brazil. At first, it will bring the very early debate about participatory democracy and deliberative democracy. Afterwards, the article will show how international literature impacts studies on the democratic transition in Brazil, trying to delineate the borders, limitations and advances of Brazilian literature about the theme. In the last part, the main topics of debate on the effectiveness of participatory institutions - methods and instruments of evaluation - will be pointed out

Utilização do gesso para fabricação de artefatos alternativos, no contexto de produção mais limpa

Fundação de Amparo à Pesquisa do Estado de São Paulo (FAPESP)

O papel da burocracia no processo de implantação dos Institutos Federais de Educação, Ciência e Tecnologia (IFs): o caso do IF de Passos (MG)

Pós-graduação em Planejamento e Análise de Políticas Públicas - FCHS

A TRAINING COURSE ON BIOETHICS FOR FAMILY HEALTH STRATEGY PROFESSIONALS IN SANTO ANDRE, SP

This case report presents the experience of a training course on bioethics for nurses and physicians of the Family Health Strategy in Santo Andre, SP. This study is based on problem-based learning and deliberative bioethics, and aimed at presenting the deliberation procedure as a means of handling ethical issues. Contents were addressed in a cross-section manner through five sequential activity sessions at two different moments of concentration with one dispersion interval. In the first moment of concentration, key concepts and deliberative bioethics contents were developed. The second involved deliberation sessions on moral conflicts, which were selected and prepared during the dispersion interval. Participants evaluated the deliberation as an appropriate instrument to deal with the ethical issues they are faced with. Problem-based learning was an effective educational strategy for continuing education in deliberative bioethics.

Post-conventional Political Cultures via Processes of Direct Democracy: Theoretical Considerations Based on Jurgen Habermas and Lawrence Kohlberg

In this article, it is proposed to differentiate political cultures in two dimensions. First, inspired by Habermas' distinction of the contents of discourse, a distinction is suggested between moral, ethical-political and pragmatic elements of political culture as well as of an element of culture of balancing interests. Second, inspired by Kohlberg's stage models for the development of the individual moral consciousness and for moral culture, a distinction is similarly suggested between two pre-conventional, two conventional and two post-conventional collective stages of political culture. It can be shown that from a normative point of view, only deliberations made in a post-conventional political culture can produce reasonable or at least fair results. Conceptual considerations indicate processes of direct democracy as the method for promoting post-conventional political cultures. The more liberty that the citizens have to formulate and trigger processes of direct democracy, the more one can expect from them to generate post-conventional political cultures.

Reflexões sobre o desenvolvimento territorial sustentável, gestão social e cidadania deliberativa: o caso da bacia do rio Almada (BA)

Este artigo tem por objetivo discutir o desenvolvimento territorial sustentável a partir da atuação de diferentes atores sob a ótica da gestão social e o processo de cidadania deliberativa. Analisa-se a construção do "Programa de Manejo Agroambiental da Bacia do Rio Almada" na região pertencente ao território de cidadania Litoral Sul da Bahia. Organizaram-se os dados, as informações e as entrevistas por meio de estudo de caso. Para construção do caso, foi utilizada a triangulação de técnicas da história oral e do sensemaking. O caso em tela contribui para a reflexão sobre os desafios e oportunidades referentes à gestão social, indicando que o processo de cidadania deliberativa pode se constituir em estratégia necessária para o desenvolvimento territorial sustentável. Assim, fica claro que o diálogo, a participação dos atores na elaboração e implantação de políticas públicas é algo complexo, porém imprescindível, quando se almejam transformações das realidades sociais.

Innovazione organizzativa e istituzionale della pubblica amministrazione. Un approccio interpretativo e l'analisi di un dispositivo partecipativo nel settore della cultura

The thesis aims at inquiring into the issue of innovation and organizational and institutional change in the public administration with regard to the increasingly massive adoption of participatory devices and practices in various arenas of public policies. The field of reference regards transformations of the types of public actions and regulation systems, concerning governance. Together with the crisis of the public function and of the role played by the insitutions what is emerging are different levels of governement, both towards an over national and a local direction, and a plurality of social interlocutors, followed by a post-bureaucratic pattern of the public administration that is opening itself in the direction of environment and citizens. The public adminstration is no longer considered an inert object within the bureaucratic paradigm but as a series of communicative processes, choices, cultures and practices that actively builds itself and the environment it interacts with. Therefore, the output of the public administration isn’t the simple service being supplied but the relationship enacted with the citizen, relationship that becomes the constituent basis of adminstrative processes. The intention of thesis is to take into consideration the relation between innovation of the public administration and participatory experimentations and implementations regarded as exchanges in which citizens and the public administration hold talks and debates. The issue of the organizational change of the public administration as output and effect of inclusive deliberative practices has been analysed starting from an institutionalist approach, in other words examining the constituent features of institutions, “rediscovering” them with regard to their public nature, their ability to elaborate collective values and meanings, the social definition of problems and solutions. The participatory device employed by the Forlì city council that involved enterprises and cultural associations of the area in order to build a participatory Table, has been studied through a qualitative methodology (participant observation and semi-strutctured interviews). The analysis inquired into the public nature both of the participatory device and the administrative action itself as well as into elements pertaining the deliberative setting, the regulative reference framework and the actors which took part in the process.

La democrazia deliberativa negli Stati Uniti: teoria e prassi

This dissertation aims to analyse the development of the deliberative model of democracy in the U.S., both in an empirical and theoretical levels, from its origins in the eighties of the last century until now. In the first part we study the political and historical elements that build the crisis of the Liberal political system in the seventies in the U.S. and its effects on the political behaviour of citizens. In the second part we discuss the origins and development of the deliberative theory of democracy, its main authors, approaches and elements. The key aspect of this model of democracy is to reverse the apathy and strength the political participation of citizens through public deliberation. In the last part we expose the practical level of the deliberative democracy: how this theory of has been put into practice in the American political domain. We describe the main projects of deliberative democracy rose from civil society from the eighties until today. Finally, we expose the James Fishkin’s proposal of deliberative poll. This is the link between the empirical and theoretical levels of the deliberative model of democracy.

La partecipazione popolare nell'esperienza dei referendum comunali

I Comuni incarnano idealmente delle piazze in cui il dibattito politico può svilupparsi in assenza di particolari filtri ed intermediazioni, con un rapporto diretto tra cittadini ed istituzioni. Essi costituiscono uno snodo di centrale importanza nell'esercizio della sovranità popolare e, al contempo, sono terreno fertile per la sperimentazione di modelli di partecipazione democratica. Prendendo come punto di vista l'esperienza dei Comuni italiani, si è scelto di focalizzare l'attenzione su uno degli strumenti “istituzionali” – nonché uno tra i più tradizionali – di partecipazione popolare, ovvero il referendum, nelle diverse forme ed accezioni che rientrano nel campo semantico di tale espressione. Questa è generalmente impiegata per indicare tutte quelle votazioni popolari non elettive su questioni politicamente rilevanti, formulate attraverso un quesito con due o più risposte alternative tra loro. L'analisi della disciplina legislativa degli istituti di partecipazione negli enti locali e lo studio delle disposizioni statutarie e regolamentari previste dai singoli Comuni, nonché le informazioni raccolte da alcuni casi di studio, rappresentano, in questo contesto, l'occasione per indagare le caratteristiche peculiari dell'istituto referendario, la sua effettività ed il suo impatto sulla forma di governo. In particolare, si è verificata positivamente la compatibilità del referendum, classificato dalla prevalente dottrina come istituto di democrazia diretta, con le forme attuali di democrazia rappresentativa. Si è tentato, altresì, un accostamento ai concetti di democrazia partecipativa e deliberativa, evidenziando come manchi del tutto, nel procedimento referendario (che pure è dotato di massima inclusività) un momento di confronto “deliberativo”. Il raffronto tra le esperienze riscontrate nei diversi Comuni ha consentito, inoltre, di ricercare le cause di alcuni aspetti critici (scarsa affluenza, mancata trasformazione del voto in decisioni politiche, aumento del conflitto) e, al contempo, di individuarne possibili soluzioni, tracciate sulla scorta delle migliori pratiche rilevate.

Risk Judgment in Obsessive-Compulsive Disorder: Testing a Dual-Systems Account

Dual-systems theorists posit distinct modes of reasoning. The intuition system reasons automatically and its processes are unavailable to conscious introspection. The deliberation system reasons effortfully while its processes recruit working memory. The current paper extends the application of such theories to the study of Obsessive-Compulsive Disorder (OCD). Patients with OCD often retain insight into their irrationality, implying dissociable systems of thought: intuition produces obsessions and fears that deliberation observes and attempts (vainly) to inhibit. To test the notion that dual-systems theory can adequately describe OCD, we obtained speeded and unspeeded risk judgments from OCD patients and non-anxious controls in order to quantify the differential effects of intuitive and deliberative reasoning. As predicted, patients deemed negative events to be more likely than controls. Patients also took more time in producing judgments than controls. Furthermore, when forced to respond quickly patients' judgments were more affected than controls'. Although patients did attenuate judgments when given additional time, their estimates never reached the levels of controls'. We infer from these data that patients have genuine difficulty inhibiting their intuitive cognitive system. Our dual-systems perspective is compatible with current theories of the disorder. Similar behavioral tests may prove helpful in better understanding related anxiety disorders. (C) 2013 Elsevier Ltd. All rights reserved.

Envisioning sustainable water futures in a transdisciplinary learning process: combining normative, explorative, and participatory scenario approaches

Competing water demands for household consumption as well as the production of food, energy, and other uses pose challenges for water supply and sustainable development in many parts of the world. Designing creative strategies and learning processes for sustainable water governance is thus of prime importance. While this need is uncontested, suitable approaches still have to be found. In this article we present and evaluate a conceptual approach to scenario building aimed at transdisciplinary learning for sustainable water governance. The approach combines normative, explorative, and participatory scenario elements. This combination allows for adequate consideration of stakeholders’ and scientists’ systems, target, and transformation knowledge. Application of the approach in the MontanAqua project in the Swiss Alps confirmed its high potential for co-producing new knowledge and establishing a meaningful and deliberative dialogue between all actors involved. The iterative and combined approach ensured that stakeholders’ knowledge was adequately captured, fed into scientific analysis, and brought back to stakeholders in several cycles, thereby facilitating learning and co-production of new knowledge relevant for both stakeholders and scientists. However, the approach also revealed a number of constraints, including the enormous flexibility required of stakeholders and scientists in order for them to truly engage in the co-production of new knowledge. Overall, the study showed that shifts from strategic to communicative action are possible in an environment of mutual trust. This ultimately depends on creating conditions of interaction that place scientists’ and stakeholders’ knowledge on an equal footing.

A discourse-theoretic approach to negotiated rulemaking

In 1996 and in 1997, Congress ordered the Secretary of Health and Human Services to undertake a process of negotiated rulemaking, which is authorized under the Negotiated Rulemaking Act of 1990, on three separate rulemaking matters. Other Federal agencies, including the Environmental Protection Agency and the Occupational Health and Safety Administration, have also made use of this procedure. As part of the program to reinvent government, President Clinton has issued an executive order requiring federal agencies to engage in some negotiated rulemaking procedures. I present an analytic, interpretative and critical approach to looking at the statutory and regulatory provisions for negotiated rulemaking as related to issues of democratic governance surrounding the problem of delegation of legislative power. The paradigm of law delineated by Jürgen Habermas, which sets law the task of achieving social or value integration as well as integration of systems, provides the background theory for a critique of such processes. My research questions are two. First, why should a citizen obey a regulation which is the result of negotiation by directly interested parties? Second, what is the potential effect of negotiated rulemaking on other institutions for deliberative democracy? For the internal critique I argue that the procedures for negotiated rulemaking will not produce among the participants the agreement and cooperation which is the legislative intent. For the external critique I argue that negotiated rulemaking will not result in democratically-legitimated regulation. In addition, the practice of negotiated rulemaking will further weaken the functioning of the public sphere, as Habermas theorizes it, as the central institution of deliberative democracy. The primary implication is the need to mitigate further development of administrative agencies as isolated, self-regulating systems, which have been loosened from the controls of democratic governance, through the development of a robust public sphere in which affected persons may achieve mutual understanding. ^

Assessing the sustainability of water governance systems: the sustainability wheel

We present and test a conceptual and methodological approach for interdisciplinary sustainability assessments of water governance systems based on what we call the sustainability wheel. The approach combines transparent identification of sustainability principles, their regional contextualization through sub-principles (indicators), and the scoring of these indicators through deliberative dialogue within an interdisciplinary team of researchers, taking into account their various qualitative and quantitative research results. The approach was applied to a sustainability assessment of a complex water governance system in the Swiss Alps. We conclude that the applied approach is advantageous for structuring complex and heterogeneous knowledge, gaining a holistic and comprehensive perspective on water sustainability, and communicating this perspective to stakeholders.