Uma abordagem jurídica das políticas públicas: elementos formadores, base legal e controle pelo Judiciário

Abstract

The dissertation addresses the issue of public policy in a legal perspective, identifying its elements, dimensions, stages of formation and other items needed to characterize them as an object legally identifiable. It is presented the subsidies to recognize, in Law, public policy, distinguishing it from other components of the legal system. It analyzes the legal basis of public policy, assessing how the object of study is legally presented, especially as the Federal Constitution influences at all levels of competence, the content of created public policies. It explains that, despite the importance of principles for the contemporary legal culture, the rules continue to represent a tool for coping with legal problems, including and especially for the preparation and implementation of public policies. It is shown that, although not confined to the field of Social Rights, that set of standards represents one aspect of the understanding of public policies in Brazil. It is argued that the identification of public policy and its formative elements contribute to an appropriate judicial review of the activities of executive and legislative branches, including under the perspective of the principle of separation of powers. The dissertation is about the elements and factors that comprise the legal discourse in the jurisdictional control of public policy, covering references of the parameters to be observed by judges.