Reflexões jurídicas sobre políticas públicas

Abstract

If it is understood that concession rights standards has binding character and not anymore programmatic one, it is necessary to develop public policies in order to meet constitutional purposes. Does not exist a peaceful definition of public policy for law, since concepts interlace elements of political and legal sciences. In this work, besides analyzing the concepts proposed by law and policy, we define public policy as state's action that, based on normative precepts, tends to promote the realization of rights. Such an action requires a plan, which includes budgetary feasibility studies, and follows a cycle that includes the moment of its conception until its realization in the world of facts. In the analysis of the procedure leading to public policy and the role of Judiciary, we notice it is incorrect to admit that judiciary is competent to implement public policy. It is undeniable to recognize the role of judiciary in ensuring the enforcement of rights and, therefore, the Constitution itself, but it doesn’t means that it has power to promote public policy.