A problemática dos municípios inviáveis e a implementação de políticas públicas: uma análise sob a ótica do direito ao desenvolvimento

Abstract

Currently, in Brazil, there are countless municipalities that do not have the economic and technical conditions to carry out the competences assigned to them by the Constitution, especially regarding the implementation of public policies capable of improving the conditions of life and well-being of individuals, through the strengthening of their substantive freedoms, enabling the exercise of citizenship in a full way, thus guaranteeing the fundamental right to development, in the conception used by Amartya Sen. The present work aims precisely to analyze the problem of the implementation of public policies called "unfeasible Municipalities", whose main reference is the development theory as freedom of Amartya Sen. The purpose is to investigate whether the political, administrative and financial decentralization promoted by the process of redemocratization of the Brazilian State has, in fact, improved the conditions of life and well-being of the population, thus strengthening their substantive freedoms, thus guaranteeing the fundamental right to development, in the conception propagated by Amartya Sin in his work "Development as freedom." It is also sought to see if the creation of these municipalities, with the consequent municipalization of public policies, has in fact proved favorable to the achievement of the ideals of political decentralization that typify a truly democratic federation, or if decentralization has been an instrument for reaffirming oligarchic practices, since the permanence of old power structures in a scenario of municipal political decentralization can further accentuate economic and social inequalities. To perform the research, the indirect methodology is used, based on the literature of legal, political and economic science on the subject. In addition, research was carried out by public organisms or institution linked to the municipalities to support the arguments now raised about the theme.