A consensualidade administrativa e o direito à moradia na Amazônia: uma análise do diálogo no promaben I

Abstract

This the final report of the research that pursued to answer how does the institutionalization of dialogic participation in legal acts related to living rights, in the stages of formulation and execution of public policies, related to the right to housing, impact the guarantee of this fundamental right in the cities of the Amazon? To answer to the question, the case study methodology was adopted to analyze the first stage of PROMABEN. A bibliographic review of legal texts and texts from other sciences was carried out, as well as the collection of empirical data, such as documents and interviews. Data analysis was carried out through the idea of a cycle of public policies and through the dialectical method, comparing institutionalization with practice. The research identified, in the case, a deficient institutionalization of the dialogue. A causality between the deficient institutionalization of dialogue and its ineffectiveness was verified. The necessity to improve dialogue in public policies like the researched phenomenon was found, by breaking with the ideological bases of Brazilian administrative law, originating from the Liberal State. In addition, it is necessary to strengthen the Democratic State of Law, established by the Federal Constitution of 1988, which requires that the public administration adopt a consensual conformation. Finally, proposals are presented for a better institutionalization of dialogue in public policies related to the first phase of PROMABEN.