A construção do projeto republicano brasileiro no marco do constitucionalismo de 1988

Abstract

1988’s constitutionalism (re)shaped the Brazilian State, keeping in sight that solidarity and equality were raised as priorities in social relations, as well as the institution of a republican model of society. However, 30 years past the Magna Carta’s enactment, the discrepancy prevailing in Brazil is visible: a constitutional text so concerned by equality and a society so needful of its realization. Observing this antagonism, the question which guides this dissertation is the following: does the link between State politics and Government/Administration policies impact the institutionalizing of new rights (through legislation policies) and the realization of those previously predicted (through public policies)? As a hypothesis, it is shown the following statement: to the extent to which the Constitution institutes the Republican pact (alongside with the commitment of State agents) and its political-economic project (materialized by equality), one can say that the harmonization between State politics and the formulation of government(s) policy(ies) define the agency of the political powers (legislative and executive) regarding the institution of new rights, maintenance of those already acquired, and finally, in the concretization of those constitutionally assured. Thus, the general purpose of this research consists in reflecting about the impacts of the relation among Law, Politics and Economics in the formulation of governmental policies concerning their suitability to the model of State foreseen by the Brazilian Constitution (which is understood here as State politics), founded on the Republican pact and on a political-economic project which is guided by equality. Therefore, the path to be taken starts by analyzing the main features that characterize 1988’s constitutionalism, with respect to its political-economic architecture. The second step, surpassing the initial stage of contextualization, and facing its importance for the consummation of the republican society project, is the analysis of theoretical approaches to equality. This analysis starts with the contributions of Thomas Piketty and specially António José Avelãs Nunes, who sustain the damages of inequality to the development of countries, which are aggravated by the advances of neoliberal politics. Later, when observing the structural problems still existing in Brazil, Amartya Sen’s capabilities approach is studied as a way of highlighting the main Brazilian social injustices. Lastly, Nancy Fraser’s three-dimensional approach to social justice allows the creation of mechanisms for the development of Government policies whose goals are the emancipation of its citizens. Finally, the last chapter consists in an analysis of three moments of Brazilian history in relation to five Government policies: the ProUni (College Aid), the Bolsa Família (Family Aid), the freezing of public expenses, and the labor and pension reforms. For the making of this dissertation it is used the hermeneutic-phenomenological method, precisely for understanding knowledge as both event and phenomenon. All of these lead to conclude the corroboration of the hypothesis, i.e., the compatibility of State politics and the formulation of government policies establish themselves as both commitments and boundaries to political agents, who have as guidance the guarantees, rights and responsibilities set in the Federal Constitution.