The effectiveness of budget public hearings in the definition of priorities of public policies for the concretization of social rights

• Autores: Reginaldo da Motta Correa de Melo, Herena Neves Maués Corrêa de Melo
• Localización: Current Issues On Human Rights / coord. por Alexander Sungurov, Carlos R. Fernández Liesa, María del Carmen Barranco Avilés, María Cruz Llamazares Calzadilla, Óscar Pérez de la Fuente, 2020, ISBN 978-84-1324-552-2, págs. 133-144
• Idioma: español
• Texto completo no disponible (Saber más ...)
• Resumen

  • The public hearing is an instrument that enables popular participation on the decision process, making it possible for the society to intervene in the construction of the public affairs and the consequent effectiveness of the fundamental social rights provided for in Article 6 of the Brazilian Federal Constitution of 1988, which includes education, health, alimentation, work, housing, transportation, leisure, safety, social security, protection to maternity and childhood as well as the assistance to the destitute.

    The purpose of carrying of this participative spectrum is to establish the debate over important matters that affect society’s general interest, considering the social rights that are meant to be reached, modulating the budgetary capacity, which is limited, enabling meeting the totality of these rights in a specific social situation.

    In case of budgetary public hearings, provided for by the Fiscal Responsibility Law, it configures the preliminary consulting to society in which its concrete actions are awaited in the most diverse areas of action of the Public Power.

    It is convenient to highlight that in order to legally establish political development, economic and social public policies, the Federal Constitution of 1988 has ratified the creation of udgetary pieces to implement the public expenditures systematics. From then on, the Executive Power, in all its sections, was obligated to hold public hearings so the society could manifest on the creation of management public policies and effective fulfillment of the community’s necessities when creating budgetary pieces.

    The budgetary public hearings, therefore, must be analyzed for their aspects of potentiality, observing in which levels those opinion gatherings will configure a debate and the public consultation has turned into an instrument of effective participation on the administrative sphere.

    The accomplishment of the consultation by itself, even though listening to society’s urges, does not mean that citizens have exercised their right of opinion, since the budgetary proposal may not bring in its core, actions that show the effectiveness of concerning matters to the collectivity. Therefore, the core of social participation’s effectiveness by the budgetary public hearings must build, from a concrete debate, the budgetary systematic able to allow that the public financial execution concretely reflects the list of fundamental rights needed to the social welfare