Ministério Público, gestão social e os conselhos gestores de políticas públicas

Abstract

This dissertation looks at the relationship between the Brazilian Public Ministry (referred to bellow as MP) and the management councils and seeks to answer in which ways that institution might contribute to the effectiveness of these councils. The premise of this work is that MP action is divided into two different lines, one of them marked with a suing action – more traditional and that looks for solutions through law suits before the Judiciary – and a second one marked with a resolution action – which refers to an eminently extrajudicial and approaching of social conflicts action. Under such perspective, the resolution action line is elected as the best suited to achieve the objectives of the Federative Republic of Brazil, especially what concerns to the defense of democracy. From that point ahead, it is made a critical review about the paradigm of the social management- and its theoretical categories, notably deliberative democracy and the public sphere – and the public policies management councils themselves. Then it is made a qualitative empirical research, divided into documental research - which sought out to collect national, state and municipal councils’ legal rules – and depth interviews. It was heard from six prosecutors acting at Municipal Health Councils, Children and Teenagers Councils and Environment Councils, which in addition to present their perceptions of the strengths and limitations of the management councils, exposed some possible practical proceedings that can be acted up at any unit of Public Ministry. In the end, there was made final considerations that reinforce the interface between the MP acting in a resolving way, the social management and the management councils.