O benefício de prestação continuada e o ciclo da política pública judicializada

Resumo

Purpose - The present study investigates, based on judicialization and the interactive dynamics between the stages of public policy and between the constituted powers, triggered by judicial decisions, how judicial system and its actors affect the welfare public policy. It also explores the causes of the judicialization of BPC and the effects of expansive compliance as a reducing factor of litigation. To achieve the proposed objective, the study presents the main concepts related to theories of public policies, the judicialization of politics and the relationship between the phenomenon and the different stages of public policy. It also describes the normative and jurisprudential framework of the BPC and the indicators of its judicialization, with characteristics of a longitudinal study. Methodology - The study adopts a qualitative approach, as it intends to understand the phenomenon in its context and interpret the meanings attributed by the participants. The research can be classified as descriptive and predominantly exploratory, given the scarcity of studies on the subject. Normative and jurisprudential mapping was also adopted as a methodological option, with the intention of offering an overview of the judicialization of the selected public policy. Findings - The findings allow us to conclude that judicialization of the benefit under study does not observe a pattern. The parameters defined for policy are reinterpreted by judicial decisions, which, applying a communitarian view of the role of law in the realization of social rights, establish differentiated criteria for judicial implementation, resulting in the unequal implementation of public policy. The judicialized cycle, in turn, acts concomitantly in the different stages of public policy. Research limitations - The purpose of this study is to present the perception of federal public advocacy on the judicialized public policy cycle, based on the experience in the judicial defense of the benefit under study. Among its limitations, it is essential to highlight the imperfections of secondary data related to judicialization, which may not reflect reality in the entire sample. Practical implications - The research points out the causes and effects of judicialization in the public policy under study, giving the Public Administration the opportunity to apprehend the mechanics of legal mobilization and the dynamics that involve the choices of the actors of the judiciary system, enabling the improvement of public action from the incorporation of the judicialization in policy evaluation and reformulation processes, including on the effects of expansive compliance. Social implications - From the understanding of the existing interaction between judicial
 decisions and the different stages of public policy, the research contributes to the adjustment of public action, through the improvement of collaborative practice between institutions and the adoption of interventions to reduce the margin of determination court, aiming at greater isonomy in the implementation of the policy. Originality - There is vast academic literature on the judicialization of politics and public policies, however most studies focus on health and education policies. Some of these studies emphasize, under the theoretical aspect, the understanding of the causes of the judicialization process, others emphasize the content of the judicial decisions, however few analyze the phenomenon under the approach of the empirical knowledge of the involved actors and of the consequences in the dynamics of the public action. The research fills the gap pointed out in the study, presenting, from the concept of judicialization, a discussion about the influence of legalization in each stage of the assistance policy.

Ficha do documento

Tipo

Dissertação

Ano

2023

Instituição

Fundação Getulio Vargas

Fonte

Repositório da FGV

Idioma

Português

Acesso

Acesso aberto

Identificador

oai:repositorio.fgv.br:10438/34377

Temas

Políticas PúblicasAdministração PúblicaDados

Palavras-chave

Políticas públicasJudicializaçãoBenefícios AssistenciaisBenefício de Prestação ContinuadaCiclo da Política PúblicaPoder judiciárioIgualdadeBenefícios previdenciáriosBenefício de Prestação Continuada (Brasil)