Banca de QUALIFICAÇÃO: LYDIA MARIA CRUZ DE CASTRO NAGASHIMA

Uma banca de QUALIFICAÇÃO de MESTRADO foi cadastrada pelo programa.
STUDENT : LYDIA MARIA CRUZ DE CASTRO NAGASHIMA
DATE: 05/05/2023
TIME: 17:00
LOCAL: Sala de Reuniões do PPGD
TITLE:

DEMOCRACY AS A SCENARIO: CONSENSUALITY APPLIED TO PUBLIC ADMINISTRATION – A DEBATE BASED ON JURGEN HABERMAS

KEY WORDS:

Democracy; consensus; Public administration; democratic participation

PAGES: 137
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

This dissertation focuses on investigative studies related to the relationship between democracy as a scenario for the construction of a consensual profile to be adopted as an effective path for resolving disputes and decision-making processes, supported by Jürgen's theoretical constructs Habermas. In this context, issues related to the exhaustion of the adversarial model and the adoption of consensus as a potential path to be adopted as a mechanism for improving Public Administration are addressed. Thus, as a problem question to be answered, the following question is extracted: the construction of a model of procedural jurisdiction, based on consensus and cooperation, which ensures citizen participation in decision-making spheres, could be considered as a paradigm for realization of a consensual and democratic administration? The relevance of this question highlights the importance of the topic both in relation to the necessary contemporary debate about the pacification of conflicts in plural societies, as well as the consequences for the social, economic and legal reality, due to the pulsation of the resumption of dialogue at all levels of decision-making processes, as a contemporary demand, combined with a profile of legal responses to be built around such a problem. Among the difficulties pointed out, the objective is to investigate the phenomenon of litigiousness in the relationships in which the Public Administration is part and how the absence of a consensual action would lead to a low effectiveness in the resolution of conflicts and would become a factor of weakening the guarantees constitutionally guaranteed, as well as entailing a legitimation deficit in judicial and administrative decisions. As methodological procedures, research is used with a hypothetical-deductive method of approach, considering expectations and prior knowledge, to analyze its problem based on observational data, in order to then reach confirmation or refutation of the formulated hypotheses. Still under a methodological bias, the logical-deductive method is also used, with a technical procedure based on bibliographical and documental research, from the reading of scientific and periodical articles, as well as specific literary works on the subject. In addition, the research presents a theoretical type, a qualitative approach, a simple nature and a descriptive objective, since it proposes to carry out a diagnosis of a social legal scenario. It is concluded that the theme is foreseen in the very construction of constitutionalism, but still needs further studies to resolve the issues raised in the course of the research, however, it is certain that there is a need to overcome practical obstacles, such as updating legislation, the sedimentation of a consensual and cooperative culture in Public Administration and the Judiciary, as vectors for the densification of democratic participation, supported by a procedural model that favors dialogue in a deliberative arena.

COMMITTEE MEMBERS:
Interno - 3456619 - ANDERSON SOUZA DA SILVA LANZILLO
Interno - ***.069.614-** - LEONARDO OLIVEIRA FREIRE - SESED
Presidente - 1675264 - RICARDO TINOCO DE GOES