A austeridade da emenda constitucional nº 95/2016 e o avanço do Estado pós-democrático : a legitimação jurídica dos retrocessos sociais e consequências às políticas públicas e ao controle social.

Abstract

The wide social, political and economic mutations that complete the present conjuncture of the Brazilian historical context and point the rupture with the democratic order installed by the Federal Constitution from 1988, could be interpreted under the optical of, what could be, a crisis context and, exactly because of that, the constant social retrocess, which is a feature of this new order that rules the country and the world in the XXI century, would be justified. However, the characteristics developed in this scientific work allows to indicate the possible State democratic model overcoming, making an opening for the Post-Democratic State to advance. Such concept, was joined to the Brazilian doctrine with a book written by Rubens Casara and it works with the exact same perspective adopted here, being that, what we call “crisis” is, actually, a way of ruling people. On this scenario, this work was developed in the Public Politics research line and presents the Constitutional Amendment number 95/2016 as the necessary legal legislation for the Brazilian Post-Democratic order instauration, having the same fixated new paradigms to the budget and fiscal politics management, especially with reflexes on the social rights and public politics field, to it’s essential core that is the right for education and health care. From this affirmation, some considerations were made searching for the answer to the proposed problematic: What are the main characteristics that allows us to affirm that the Constitutional Amendment number 95/2016 constituted a legal legitimation species to the Post-Democratic State advance in Brazil and, as a consequence, what are its reflexes on the implementation of public politics and in the social control exercise? In order to get the offered hypothesis confirmation or rejection as an answer to the research matter, the work was divided into three specific moments, the first chapter working on the concept of Post-Democratic State, tracking the similarities between that and the Exception State, as well as highlighting the inseparable elements of this model of State, that being either post-democracy or neoliberalism, with special focus on the last, giving the fact of its strangeness to the Social Well Being State. In the second chapter was worked the Constitutional Amendment number 95/2016, as well as its approval scenario, specially the public context in which it was allowed to make a parallel between the 1964 scam and the “2016 scam” and comprehend the reasons that were taken to considerate a “legal legitimation” to the Post-Democratic order advance. At last, on the third chapter the focus was essentially on the social retrocess matter, in lighted at the social rights context and the reflexes promoted to the social control and its lack of viability as a resistance to the advance of the Post-Democratic State field because it doesn’t contribute to an emancipatory politics to the citizenship. This path was built adopting the hypothetical-deductive investigation method and using as the procedure technique of research the bibliographic and documental ones. The previously found result tends to confirm the preview hypothesis, in the sense that the Constitutional Amendment number 95/2016 is represented as the legal legitimation of the Post-Democratic State advance, making the development of the public politics field and the consequent social control foment impractible, even though those are essential factors for the construction of a emancipatory politics for the citizenship exercise, projected by the Federal Constitution of 1988.