Avaliação de impacto legislativo: a tradição histórica de justificação das decisões legislativas nos Estados Unidos e as iniciativas incipientes no Brasil

• Ano de defesa: 2016
• Autor(a) principal: Carina Angélica Brito Reyder
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Universidade Federal de Minas Gerais; UFMG
• Palavras-chave em Português: Direito; Poder legislativo Estados Unidos; Poder legislativo Brasil; Processo legislativo,
• Link de acesso: http://hdl.handle.net/1843/BUOS-ASJFDU

It is research that analyzes the historical American experience of using Legislative Impact Assessment as a justification of legislative choices, focusing on the dynamics of the US federal Congress, serving reference for countries at an early stage in the justification level of transparency of decisions in the legislative branch, such as the European Union and Brazil. The Legislative Impact Assessment is of several tools to assess, among several possible alternatives to regulation, which one has the potential for the effective achievement of the objectives pursued by the future standard, and provide information resulting from evaluation of public policies, as a substrate for the drafting of a bill. In this sense, the use of the Legislative Impact Assessment by the US government shows that technical, specialized and systematized support, available to the federal Congress, prior to the drafting of bills, as well as during the legislative procedure, has been an institutional resource aligned to social control and transparency. In a democratic state, it is insufficient only written or oral argumentation to justify taking a legislative decision, given the subjective nature of hermeneutics. When it comes to defining the allocation of public resources, the legislature needs to demonstrate, and arguably because the chosen option was the most viable, economical, less social impact, and greater benefits. It is the right of the citizen to the transparency of decisions is in high character statement, not only considered in the context argumentative, what has been achieved through the Legislative Impact Assessment. For over four decades the United States has implemented the Legislative Impact Assessment, while only recently some instruments have been introduced in the European Union and Brazil. The research concludes that transparency in the justification of legislative choices is a citizen right, the social control of public resources is a constitutional essence, and that becomes insufficient only based justification in written or oral argument. It's essential mechanisms that demonstrate that legislative choice adopted was the most appropriate, as it has shown to be an important institutional resource, the legislative Impact Assessment.