A influência da judicialização no ciclo da política pública do auxílio emergencial

Resumo

Purpose: This study assessed the influence of judicialization on variations in public policy regarding the Emergency Aid (Auxílio Emergencial) during the COVID-19 pandemic period. Methodology: The presented research involved thus examining the theories of public policies, their judicialization based on the study of Emergency Aid in Brazil. For data collection purposes, documents obtained through the Access to Information Law, data panels from the Attorney General's Office, individual legal processes in which the Emergency Aid was claimed, collective actions, as well as reports from control bodies were analyzed. Furthermore, semistructured interviews were carried out with professionals from the then Ministry of Citizenship and the Union Attorney General's Office, a body of the Federal Attorney General's Office, which worked directly with the benefit under study at the time of the events. Results: The results displayed that the judicialization did not impact changes in the public policy of the Emergency Aid in a manner proportional to its volume. Hence, the data obtained allowed us to conclude that the actions of the control bodies (Federal Court of Accounts and the Brazilian Office of the Comptroller General) were more evident in the changes made by the public administration throughout the period from 2020 to 2021. Limitations: The limitation of this presented study lies in the scarcity of papers on the judicialization associated with the Emergency Aid in Brazil. Another limitation pertains to the quantity of interviewees, along with the biases stemming from the agent's direct involvement and potential partiality on the part of the interviewees, which should require a thorough examination of the data. Finally, the time frame for carrying out the research, especially the selection of legal actions analyzed, also proves to be an interference factor for an in-depth investigation. Practical contributions: Investigate the correlation between legal proceedings, particularly those initiated by individuals, in shaping public policy evolution with the aim of evaluating their impact on the decision-making and the subsequent modifications implemented over time. Social contributions: Propose an assessment to the public income distribution policy in focus, even in its emergency iteration, with the objective of identifying deficiencies and facilitating preventive and differentiated measures for future instances, ensuring faster access to benefits for citizens. Originality: No other studies that investigated the impact of judicialization on the development of the Emergency Aid public policy were found.

Ficha do documento

Tipo

Dissertação

Ano

2024

Instituição

Fundação Getulio Vargas

Fonte

Repositório da FGV

Idioma

Português

Acesso

Acesso aberto

Identificador

oai:repositorio.fgv.br:10438/35660

Temas

Gestão PúblicaPolíticas PúblicasAdministração Pública

Palavras-chave

Política públicaAuxílio emergencialJudicializaçãoÓrgãos de controleInfluênciaPoder JudiciárioTribunal de Contas da UniãoControladoria-Geral da UniãoSetor públicoPublic policyBrazilian public sectorEmergency aidJudicializationControl bodiesInfluenceJudicial powerFederal Court of AccountsBrazilian Office of the Comptroller GeneralAdministração públicaPolíticas públicasBrasil. Tribunal de Contas da UniãoBrasil. Controladoria-Geral da União