Legalismo autocrático e formulação de políticas públicas desconstituintes

• Ano de defesa: 2023
• Autor(a) principal: Falcão, Bruno Oliveira
• Orientador(a): Jacintho, Jussara Maria Moreno
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Programa de Pós-Graduação: Pós-Graduação em Direito
• Palavras-chave em Português: Legalismo autocrático; Constitucionalismo; Democracia; Liberalismo; Políticas públicas; Educação
• Palavras-chave em Inglês: Autocratic legalism; Constitutionalism; Democracy; Liberalism; Public policies; Education
• Área do conhecimento CNPq: CIENCIAS SOCIAIS APLICADAS::DIREITO
• Link de acesso: http://ri.ufs.br/jspui/handle/riufs/17329

The study analyzes whether public policies formulated in Brazil, with support on unconstitutional law, represent an offense to the democratic principle, stated in art. 1 of the Federal Constitution of 1988, in order to characterize the phenomenon of autocratic legalism. Therefore, the method will be the literature review and document analysis, in an exploratory and qualitative profile. Some statements are the starting point from which concepts relevant to the investigation will be articulated and contrasted with reality. First, it is understood that Brazilian constitutionalism is ideologically affiliated with the tradition of liberal democracy. This assertion leads to the following: rules that are not in material conformity with the Federal Constitution of 1988, specially with principles that define Brazil as a Democratic State of Law, oriented towards the promotion of human dignity, are contrary to democracy. Finally, it is stated that, in order to move towards the objective of promoting dignity, the Brazilian State adopts public policies as preferred means of realizing fundamental rights. Autocratic legalism consists of observing the formalities of creating and reforming laws, to legitimize content that materially offends the constitution, with the objective of favoring a power project. The expedients used to extract from the constitution its democratic content are the deconstituting maneuvers. In the first section, we seek to conceptualize autocratic legalism. Then, there is a section dedicated to the analysis of the relationship between the concepts of public policy and the constitution, in addition to the description of the multiple streams model, used to explain public policies formulation, with an emphasis on the role that ideas play in the different processes involved. In the last section of the development, the concept of autocratic legalism is contrasted with the Brazilian reality, based on educational public policies formulated in the Jair Bolsonaro government in material opposition to the Federal Constitution of 1988. The result is the identification of common characteristics between both the studied phenomenon and the Brazilian legal and political experience, regarded the local peculiarities.