O dever-poder da administração pública na criação de conselhos municipais para a promoção da igualdade racial no Brasil a partir dos compromissos do direito administrativo social.

Abstract

Although Brazil has adopted actions aimed at reducing social inequality since the 1980s, social indicators show that the black population still occupies the base of the social pyramid. this social stigma is not only due to the past of slavery suffered by the negro, but also because of a racism that is structural that, because of this, deprives the black population of the rights of the most basic, even in the face of the constitutional provision of egalitarian treatment. To this end, it is necessary to create mechanisms and solutions to respond to the specific experiences and needs of the black population and present perspectives on the fight against structural racism and its economic and psychological consequences for this population. Thus, the research problem consists of verifying whether from what assumptions it is possible to affirm that it is up to the public administration as a duty to the power of municipal federative entities, based on the duties imposed by the matrix of social administrative law, such as effective protection of equality and participation, the creation of municipal councils as spaces for participation and social control to confront structural racism from the formulation of public policies? The research has as general objective to propose the mandatory creation of municipal councils for the promotion of racial equality by public administration, as a duty-power in confronting structural racism to ensure the effective protection of racial equality, based on the assumptions of social administrative law as the realization of constitutional commitments to public policies, effective protection, participation and social control. As a delimitation of the theme, it was decided to investigate the duty of public administration to create municipal councils to promote racial equality as an organ of social participation and control to confront structural racism. The approach method used in the present research was the deductive and the procedure was monographic, with bibliographic and documentary research. The research is directly linked to the Constitutionally Contemporary, since structural racism is part of reality and to be faced with a demand for public policies to promote racial equality, a theme linked to this line of research. It has three specific objectives corresponding to each of the chapters: a) to investigate the matrix of social administrative law, especially in the context of the effective protection of equality and under the outstanding participation and social control in public management, as the basis for the duty of public administration in combating structural racism based on constitutional commitments to the theme of public policies, in the Brazilian case; b) to analyze the diagnosis of structural racism in Brazil, pointing out advances in the normative and public policies scope after the 1988 Constitution, contextualizing the achievements and setbacks (of public policies to promote racial equality in Brazil; c) propose the creation of municipal councils to promote racial equality for the application of public policies to combat structural racism at the local level as a way of ensuring effective protection and the power of public administration. The hypothesis presented for this research was confirmed, in which 11 there is the duty-power of the Public Administration to create municipal councils to promote racial equality as a way of confronting structural racism from the promotion of public policies and the commitments signed with the Federal Constitution of 1988.