Estratégias de (re)qualificação do processo legislativo orçamentário local : limites e possibilidades.

Abstract

Through the present dissertation it is aimed to propose a reflection about the current practices adopted in the process of elaboration, discussion and voting of budgetary laws in municipal scope, basing the research on theoretical alternatives capable of supporting the adoption of strategies for the (re)qualification of the local budget legislative process. The approach is the inductive method, that allows to reach the statement of a general principle, after compliance with the particular. The research is justified given the problematic gap between political representatives and represented when the planning of public budget, which reflects in a inadequate materialization of public policies. The fundamental problem of this work lies in identifying the viability of the existence of condensed social rights, aligned with the theory of the condensed social rights proposed by Gurvitch. With this alternative theoretical benchmark, it is not intended to overcome the legal logic of the State, but simply to stimulate the generation of a new form of public relationship for the State, more favourable to social permeability in the creative processes of budget legislation. To that end, it presents an analysis of monism while legal hegemonic paradigm, linking it to the appearance, rigging and crisis of the current economic model, which, naturally, coincides with the crisis of the legal paradigm nowadays. In sequence, it investigates the idea of social rights of Gurvitch, exposing its main features and species, as well as relating it to legal pluralism, with a special focus on condensed social rights. From this, it is tried to study the specifics of the local budget legislative process, the boundaries of the exclusive performance of House of Councilors, the fundamentals of municipal autonomy and the respective effects of decentralisation. At the end, after checking in practical terms the dynamics applied by municipalities in the Taquari Valley region with regard to the proposition, discussion and voting of budgetary laws, it proposes the adoption of strategies to (re)qualification process budget legislation, in order to establish the limits and the possibilities for a new and effective understanding of the interaction between citizens and public authorities when making government decisions.