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Popular participation in the promotion of access to justice: an analysis of the interaction between the demands of the movements for the defense of the right to housing and the Public Defender\'s Office of the State of São Paulo in the Conference Cycles (2007-2017)

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Author(s):
Maurício Buosi Lemes
Total Authors: 1
Document type: Master's Dissertation
Press: Ribeirão Preto.
Institution: Universidade de São Paulo (USP). Faculdade de Direito de Ribeirão Preto (FDRP)
Defense date:
Examining board members:
Fabiana Cristina Severi; José Rodrigo Rodriguez; Élida de Oliveira Lauris dos Santos
Advisor: Fabiana Cristina Severi
Abstract

The general objective is to analyze the interactions between the demands of the movements of defense of the right to housing and the Public Defender\'s Office of the State of São Paulo (DPESP) as a result of the Cycles of Conferences held between 2007 and 2017, in order to understand how this mechanism of popular participation in management has been perceived, disputed and forwarded by institutional actors and politically organized civil society. As specific objectives, we seek to: a) contextualize recent social struggles around the democratization of the Brazilian justice system, the creation and strengthening of DPESP, and the implementation of mechanisms for popular participation in the management of its institutional policy; b) describe the path of the proposals approved in the areas of housing, urbanism and agrarian conflicts, considering the state Conference, the elaboration of the Institutional Action Plan and its accountability (monitoring); c) provide some subsidies for the improvement of the role of Conferences and the Institutional Action Plan in the management of DPESP. In methodological approach terms, the research is empirical sociojuridical, of qualitative nature, in the case study format, with data collected from the processes related to the Conferences that took place in the Superior Council of the DPESP, the monitoring reports of the institutional action plans and the management reports of the General Ombudsman. As a theoretical foundation, the study dialogued with the categories of democratization and de-democratization developed by Charles Tilly (2013) and with the analytical model proposed by Tatagiba, Abers and Silva (2018) that aimed to understanding the process of production of public policies in interface with a multiplicity of social and state actors. Created in 2006, the DPESP incorporated into its institutional structure most of the demands formulated by various politically organized civil society entities, active in the defense of rights in different thematic axes and articulated around the defense of a democratic, autonomous, decentralized and transparent institution. One of these innovations consists in the holding of Cycles of Conferences, which provide subsidies for the preparation of the Institutional Action Plan. The data suggest that the Institutional Action Plan, built by DPESP based on the proposals approved at the Conferences, has had a very uneven impact on the institution, with institutional actions mostly restricted to the Specialized Center for the theme. Regional and local units are not involved in the implementation, evaluation and accountability of the Plan of Action. Thus, the DPESP has been undertaking a weak institutional capacity to mobilize and monitor the Plan\'s impact on institutional actions at the local level. This argument helps to explain the emptying and demobilization around these institutional spaces for participation. In the light of the theoretical framework, the findings of the study indicate the occurrence of a process of de-democratization of DPESP management, since networks of trust around the Conferences show signs of weakening with the loss of legitimacy of the mechanism, and the power to take decisions on institutional policy remains concentrated, being little shared with the actors of organized civil society who address the Conferences. (AU)

FAPESP's process: 17/14883-2 - Institutional democratization policies in the Brazilian justice system: an analysis of the public Defender's office of São Paulo State in Ribeirão Preto city in the realization of the pre regional conferences of social participation
Grantee:Maurício Buosi Lemes
Support Opportunities: Scholarships in Brazil - Master