O consensualismo e seus impactos para a cooperação federativa nas políticas públicas indígenas de saúde no âmbito local.

Abstract

This dissertation aims to analyze the contribution of the culture of consensualism to cooperative federal relations and to the structuring of Indigenous health public policies at the local level. The central research question asks: how can the culture of consensualism contribute to federative cooperation within the scope of Indigenous health policies? The main hypothesis is that consensualist practices, when associated with a solid federative structure and adequate financing mechanisms, strengthen municipalities’ capacity to implement effective and inclusive public policies. Such strengthening not only realizes the constitutional principles of decentralization and subsidiarity but also promotes cooperative and co-responsible management capable of responding to the vulnerabilities and cultural specificities of Indigenous communities. The research adopts a deductive approach and employs monographic, historical, and hermeneutic methods combined with bibliographical research techniques. The dissertation is organized into three chapters: the first presents a historical and conceptual discussion on the fundamental rights of Indigenous peoples and the development of public policies in Brazil, connecting these to the concepts of cooperative federalism and subsidiarity. The second chapter examines the distribution of competences in Indigenous health policies and the challenges faced by municipalities. The third chapter explores how consensualism can become a structuring practice of cooperative governance, fostering balance among federative levels and respect for the cultural diversity of Indigenous peoples. The relevance of this study lies not only in its academic contribution but also in its social and political significance. Building a cooperative governance model that promotes social justice, administrative efficiency, and the recognition of plurality is essential to consolidating a truly democratic and multicultural State. By proposing a dialogue between Administrative Law, Federalist Theory, and Indigenous Public Policies, this dissertation seeks to advance the debate on the role of consensus in redefining state practices, reaffirming that the realization of Indigenous rights ultimately depends on the State’s ability to engage in dialogue both internally and with those it serves. Aligned with the research line Public Policies for Social Inclusion and the studies coordinated by Professor Ricardo Hermany, this dissertation concludes that consensualism, by promoting dialogical and co-responsible practices, acts as an instrument of institutional transformation capable of strengthening cooperative federalism and enhancing Indigenous health policies. The research demonstrates that the effectiveness of Indigenous peoples’ fundamental rights depends not only on normative reforms but also on building an administrative culture based on listening, deliberation, and shared responsibility.