Constitucionalização de policies e provisão de bens públicos.

Abstract

The constitution is by its very nature the normative instrument that establishes the tructuring rules of the political-administrative system of a State, that is, polity, which will govern and conform the political game in which the individual and collective actors participate, as well as the results of this dispute. However, a number of contemporary constitutions, in addition to polity, have also begun to standardize pre-commitments on specific public policies (policy) in order to protect certain matters of individual interest that often tend to contaminate the political decision-making process. The most expressive example of normatization of policy is verified in the Brazilian constitution of 1988, which contains, in almost all its segments, a considerable range of norms that stipulate genuine public policies. The central argument of the phenomenon would be that the constitutionalisation of specific public policies would limit the action of the rulers of the future and would prevent momentary circumstances and passions from hindering the advancement and growth of the collectivity in favor of merely particularistic interests. However, it is possible that this type of institutional design produces a negative externality, that is, that the moorings imposed by the constitutional norms of policy excessively encode the actions of the rulers, to the point that they are prevented from offering, in a timely manner, a solution public problems. The purpose of this study was to compare the constitutional framework of 73 democratic countries with a comparative study of whether the incorporation of policies into the text of constitutions does have a negative impact on the ability of governments to respond to public issues. It was concluded, through the analysis of the collected data, that the more public policies present in the constitution, especially of devices related to the assembly of the agenda, tend to be the governmental capacity to present solutions that are skillful to social problems.