Esfera pública e Marco Regulatório das Organizações da Sociedade Civil

Abstract

This study aims to analyze the argumentative structure and the discourses that supported the formation of the public sphere on the new “Legal Framework for Civil Society Organizations” (Federal Law n. 13.019/2014) over the last 22 years. The present research provides a historical context of the process of construction of the new Legal Framework for Civil Society Organizations (CSOs), identifies the discourses that emerged from the public sphere and the democratic instruments of social participation that legitimized Law n. 13.019/2014, as well as analyzes its implementation in the city of Nepomuceno-MG, in order to understand some challenges faced by small Brazilian towns in the regulation of CSOs at the local level. n the theoretical reference, the historical and conceptual aspects of the Third Sector and its origin in Brazil were approached, adopting the theoretical model of deliberative democracy of Jürgen Habermas, where the public sphere is a kind of open field for the media, political parties, corporations, CSOs and public authorities can establish communicative interactions. Civil society in the Habermas public sphere plays a leading role in the construction of the norms and public policies offered by the State. In addition to Habermas, the research runs through Hans Kelsen's normative theory and the integrated deliberative model of Carolyn Hendriks, who develops the Habermas model of deliberative democracy, by conducting studies in deliberation from the point of view of their place in civil society. Hermeneutic-dialectic was used in the analysis of the speeches of social actors, aiming to understand the speech, texts, minutes, reports, testimonies and interviews in the media, expressed through language and historical contextualization. As results of the dialogic process in the construction of the MROSC, we obtained elements of Habermas' deliberative democratic theory and the integrated deliberation model, characterized by the formation of a public sphere, which enabled the discussion and formation of public opinion on the need to create a legal framework for govern the partnerships between the State and the CSOs, marked by public debates in diverse informal and formal discursive arenas that have remained connected, such as the Platform for a New CSOs, Youtube, Facebook, public hearings in the National Congress, seminars, meetings, among others. Finally, in this dissertation, it was shown that deliberative democracy is an important instrument of social transformation, where civil society plays a leading role, due to the opening of public channels for dialogue between social actors involved in from mere spectators.