A AGU como facilitadora da colaboração entre os órgãos do Executivo e do Sistema de Justiça

Resumo

Purpose: Analyze how the Office of the Attorney General of the Union (AGU) can implement collaborative governance practices, combined with the use of collaborative platforms, to improve federal judicialized public policies by preventing and resolving the causes of administrative and judicial conflicts. Methodology: The research adopts a qualitative approach, with content analysis of primary and secondary data, following the steps of pre-analysis, material exploration, and results processing (Bardin, 2016). Interviews were conducted with public officials from the Federal Executive Branch and the Justice System, along with an analysis of practices and regulations applied to the AGU. Findings: The main causes of the judicialization of federal public policies and the perceptions of public officials regarding the proactive role of the AGU in conflict prevention and resolution were identified. It was found that collaborative governance, combined with collaborative platforms, is a promising approach to integrating stakeholders and co-creating more effective and innovative solutions to the complex issue of the judicialization of public policies. Research Limitations: The main limitations of this dissertation include the absence of private lawyers from the Brazilian Bar Association and representatives of civil society in the sample field of the semi-structured interviews, as well as the lower representation of members of the Federal Public Prosecutor’s Office due to difficulties in accessing public officials and the limited time available for the completion of the research. The qualitative analysis was influenced by the researcher’s subjectivity, although measures such as a reflexive stance and methodological rigor were adopted to mitigate this impact. The findings exclusively reflect the context of federal executive agencies and justice system entities that deal with judicialized public policies, without the possibility of direct generalization to other governmental spheres. However, inferences were made with a focus on transferability, allowing the application of the results to similar administrative contexts. Practical implications: The research provides guidelines for public managers on the implementation of collaborative governance models and the use of collaborative platforms. The AGU is also positioned as a facilitator in the dialogue between Federal Executive Branch agencies and the Justice System, playing a key role in litigation prevention and in the formulation, implementation, and improvement of more efficient public policies. Social implications: Improving governance practices and reducing judicialization promote more effective outcomes in public policies, directly benefiting citizens in areas such as health, education, and social security. Additionally, the integration of all actors within the institutional framework enhances the legitimacy and acceptance of public policies. Originality: The dissertation fills gaps in the literature by focusing on the strategic role of the AGU in preventing the judicialization of public policies and proposing the combination of collaborative governance principles with collaborative platforms to address judicialization.

Ficha do documento

Tipo

Dissertação

Ano

2025

Instituição

Fundação Getulio Vargas

Fonte

Repositório da FGV

Idioma

Português

Acesso

Acesso aberto

Identificador

oai:repositorio.fgv.br:10438/36651

Temas

Políticas PúblicasAdministração PúblicaGovernança

Palavras-chave

JudicializaçãoGovernança colaborativaPlataforma colaborativaArranjos institucionaisPolítica públicaAdvocacia-Geral da União (AGU)JudicializationCollaborative governanceCollaborative platformInstitutional arrangementsPublic policyAdministração públicaGovernançaJustiçaAdvocacia-Geral da União (Brasil)