A confluência do Direito com as políticas públicas no constitucionalismo contemporâ- neo: Aportes para o mapeamento crítico do estado da arte

Abstract

The article has as an investigative proposal analyzes the tendency of confluence of the Law language with of Public Policies in contemporary constitutionalism. It is based on the assumption that public policies, developed in the context of economic and social programs, have invaded the field of law in several areas. It follows the theoretical framework of the Law and Public Policy Approach (DPP) in which public policies are seen as a set of normative and administrative activities aimed at improving and incremental transformations in services and utilities offered by the state, or to solve real problems, related promoting and enjoying rights. To face the phenomenon of public policies as legal - organizational exteriorization of the multiplicity of decisions and/or actions under the control of the government or the Legislative Power, modeling with legal frameworks and cycles of sublegal activities destitute to the achievement of constitutionally appreciable objectives. And it analyzes how a Public Policy language turns out to be potentially instrumentalizing the 1988 citizen’s constitutional project, in the Brazilian context. In relation to the methodology used, the dialectical method is adopted as a method of approach, through which this work undertakes a dynamic interpretation of the analyzed reality, between the production of specialized scientific literature and as corresponding contextual-conjectural situations. Among the main results are the identification of the contributions of several authors who have already investigated the theme of public policies, with an impact on the legal literature. The present article, therefore, has the ability to present the potential of the confluence between Law and Public Policies and to prepare the ground for a detailed mapping of the effective innovations and improvements in legal dogmatics brought by this approach, guiding future research in this direction, with complementary paths methodological.