O controle social e participação popular e seus espaços de conformação no orçamento público : os casos da saúde e educação.

Abstract

The present paper deals with a study of the public health and education budget in Brazil, since health and education are fundamental social rights that occupy a privileged space in the budget law for determining to the Federal Constitution that these rights should receive minimum investments, setting specific percentages for each area. This differentiated treatment in relation to the fundamental social rights of health and education leads the inquiry that permeates this research, in order to identify the possible spaces of participation and social control of the public budget, especially with regard to these linked funds, , the Brazilian democracy insists on the idea of control and social participation in the formation and execution of public policies. As all executive action of public expenditure must be foreseen in the budget, which is why the budget has an essential role in the formation and execution of public policies. It is questioned: what are the spaces of participation and democratic social control and the mechanisms available to exercise them, in all phases of the public budget understood as a process, especially in the case of health and education expenditures, since these spending budgets required? Starting from the hypothesis that there are spaces and mechanisms of participation and social control in all the phases of the public budget that allow the control of the expenses in the health and education areas, but that, however, the effectiveness of these mechanisms is limited by the lack of a democratic procedure capable of transforming budgetary reality by approximating decisions guide the public budget of the constitutional ideal, the work was divided into chapters, the first one will discuss the public budget and its legal nature in Brazil and how the public budget can be conceived as an instrument for the realization of public policies, then we will seek to identify the constitutional treatment differentiated in relation to the expenses with health and education in the budget and how such distinctions can reflect in different levels of participation and control, in the end one will analyze critically the potential emancipating spaces of i nstitutos of the participation and democratic social control in the phases of the public budget as a process, and the mechanisms disposed to the exercise of social control in the expenses with health and education from the assumptions of deliberative democracy and how this can contribute to qualify these spaces. The deductive method is used for the development of the dissertation and as procedures the collection of information through documentary and legislative research and bibliographical research in books and scientific articles. It was possible to conclude the existence of few spaces and mechanisms of popular participation and social control of the public budget, and the lack of spaces of deliberation seen from the presuppositions of deliberative democracy, being that the few spaces of participation and control assume in the majority spaces the advisory and monitoring role of public policies, not binding their decisions to the choices of the Public Administration when planning, elaborating and executing the public budget.