Entre o consultivo e o vinculante : grau de vinculação do poder executivo municipal às decisões dos conselhos municipais de políticas públicas

• Ano de defesa: 2021
• Autor(a) principal: Hamerski, Bruna
• Orientador(a): Sobottka, Emil Albert
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Pontifícia Universidade Católica do Rio Grande do Sul
• Programa de Pós-Graduação: Programa de Pós-Graduação em Ciências Sociais
• Departamento: Escola de Humanidades
• País: Brasil
• Palavras-chave em Português: Conselhos Municipais; Controle Cidadão; Participação Popular; Políticas Públicas; Sociedade Civil
• Palavras-chave em Inglês: Popular Participation; Civil Society; Public Policy; Citizen Control; Public Policy Councils
• Área do conhecimento CNPq: OUTROS::CIENCIAS SOCIAIS; CIENCIAS HUMANAS::SOCIOLOGIA
• Link de acesso: https://tede2.pucrs.br/tede2/handle/tede/10173

A minimum requirement for the strength of a democracy is popular participation in collective decisions (ARNSTEIN, 1969). In the Brazilian case, after the Federal Constitution of 1988, several participatory management practices were elevated to promote popular participation in public policies. In the meantime, one of these tools stands out: the Municipal Public Policy Councils, considering that they are quite representative tools of the constitutional charter and that, in theory, should be considered by the Municipal Executive Power for a definition of governmental priorities. This work has as main objective to verify to what extent the decisions of the Municipal Public Policy Councils of Porto Alegre are binding on the Municipal Executive Branch. Based on the time frame of the last administration of the Municipal Executive of Porto Alegre (2017-2020), the work was based on the 2017-2019 period, since, in 2020, the covid-19 pandemic emerged, which caused changes in the dynamics participation in the Councils. The 9 Municipal Councils of Public Policies of Porto Alegre were distributed (Health, Education, Social Assistance, Culture, Land and Housing, Justice and Security, Environment, Urban Transport and Urban and Environmental Development). In theoretical terms, from the definition of State, Civil Society and Participation adopted in this work, the theory of deliberative democracy was taken as the most adequate to analyze the Councils. In methodological terms, a documentary analysis of the laws and regulations of the Councils was carried out, as well as their solutions and opinions, comparing the solutions with the competences of the Councils present in the law. An analysis was made based on the selection of the deliberative and binding verbs present in the competences of the Councils that are in the law, arguing that the law is the formal document that the Municipal Executive Power must take as a parameter. As a subsidy, a chapter was designed to characterize and define the Municipal Public Policy Councils. The findings allow to infer that four of the nine Councils to comply with are not linked to the Municipal Executive Branch (CME, COMATHAB, CMC and COMTU), four have low degrees of attachment (COMJUS, CMDUA, CMS and CMAS) and one has a high degree of attachment (COMAM).