Administração pública democrática: aspectos teórico-práticos da participação popular

Abstract

Due to the adoption of the democratic rule of law by the Brazilian Constitution of 1988, the form of expression of state administrative function takes a more democratic and participatory feature, in line with a cooperative public administration. In this sense, besides the institutes of the plebiscite, of the referendum and of the popular initiative positivized in art. 14 of Brazilian Constitution, there are a number of scattered rules in the Constitution that emphasize other participatory mechanisms: hearing and public consultation, participatory budgeting, public debate and collecting opinion, denoting a collaborative and consensual role between public administration and civil society. In this context, the objective is to examine the possibility of realizing a participatory interference of public management, through such instruments. To achieve this purpose, the methodology used is predominantly bibliographic, legislative and jurisprudential around the idea of administrative participation, outlining up their theoretical aspects to then investigate the specific institutes. In this vein, it is concluded that the search for effecting participation through these instruments greatly contribute to increasing the legitimacy of administrative acts, and give greater social support to the decisions taken by the government, if it settling gap between public entity and society civil.