The mechanisms of popular participation in the Federal Administrative Procedure Act in relation to administrative management model

• Grant number: 10/17583-0
• Support Opportunities: Scholarships in Brazil - Scientific Initiation
• Start date: January 01, 2011
• End date: December 31, 2011
• Field of knowledge: Applied Social Sciences - Law - Public Law
• Principal Investigator: Thiago Marrara de Matos
• Grantee: Ingrid Garbuio Mian
• Host Institution: Faculdade de Direito de Ribeirão Preto (FDRP). Universidade de São Paulo (USP). Ribeirão Preto , SP, Brazil

Abstract

Line commands introduced by the 1988 Constitution, we can no longer talk about democracy without popular participation. So goes for the arm of the State that executes its goals, the Public Administration. In it, there was a line change of paradigms, models of Administration, walking toward the effective democratization.First, there was a personal Administration, patrimonial and clientelist, succeeding to a modern and rational unfolding of a strict hierarchical model of standards, self-contained, non-communicative and silent before the new social demands - the bureaucratic model . Bureaucracy installed in the model did not manifest national administrative means to channel inflows and stimulation of the society, popular participation in government, so this model could not answer the purposes of welfare and satisfaction of social interests. The closed composition of bureaucracy required a greater dialogue with society, in order to the real democratization of public administration, effectively informed by letter of Constitution with its "democratic state", inserting concrete popular participation in administration is a core element .With the advent of a welfare state, the political administrative guidelines had a priority to reform standard and state action, since the activity and state intervention in society have widened, leading therefore to the expansion of the administrative apparatus. Resulting therefrom greater needs for efficiency, flexibility and openness to the proximity of citizens in decision-making administrative activity, even before the provisions of the constitution of 1988.The administrative model management presents itself as the best suited one towards the new reality of public administration. Facing this situation, political and social dialogue between State and society, the granting citizens the right to participate in government decisions points to the development and improvement of such schemes. Rightly so, the administrative process will thus state mechanisms for popular participation, previously restricted to specific cases and laws.The latest reform of Brazilian State, proposed in 1995, envisaged the transition from a bureaucratic administrative model (slow, expensive, self-reported little or no targeted to meet the demands of citizens) to a managerial administrative model (which would allow the legitimacy of the bureaucracy towards the demands of citizenship), a movement which should establish itself on a basis of an entire bureaucratic reality that has not fully implemented, since there were still remnants of the old patronage practices at the heart of the administrative bureaucracy. The Constitution of 1988 also assumed that still incomplete installation process of the bureaucracy in Public Administration and therefore confined itself to priority consolidation of the bureaucratic model, and this attitude revealed itself nostalgic and outdated ("bureaucratic setback").Accordingly, Law 9784/99, the first normative administrative condensate law, which gave the federal administrative procedural discipline themselves and sharp outlines, provides two mechanisms for popular participation, the public hearing and public consultation.This proposition broaches an approach of such arrangements from the perspective of democratic reading, of training of individuals as conscious citizens, building their political and social order, counting on the dialogue with the Government.