Regulação, desenvolvimento e democracia participativa: uma análise a partir da gestão de recursos hídricos no Brasil

Abstract

The work presents a study on democratic participation in the scope of regulation in the light of the constitutional goal of promoting development. It is noted that the regulation aims to implement basic rights and observance of democracy, social justice, freedom and human dignity. From that, one intends to analyze the participation of civil society in the regulatory sphere as one of the constitutional foundations for the development of the country. Therefore, it relates the institutional structure of a nation with its potential for economic growth and development, establishing the legal contents of such. It argues, from the doctrine and constitutional hermeneutics, that the concept of development is not restricted to economic parameters and should consider social and environmental aspects. It understands that participatory democracy is an intrinsic and instrumental element of development. It verifies, as a corollary, that the essential interests to development - but that may be presented in a conflicting way - must be weighed in the context of regulation, from a participatory procedural rationality. It also aims to identify the constitutional ballast from which the democratization of Public Administration is justified. It relates the state reform - conceived in terms of decentralization, consensualism and horizontality of relations between Public Administration and administered people - with a new perspective of looking up the public interest and the principle of efficiency. It finally ascertains the participation of civil society in the regulation of water resources, especially in the structure of the National Water Agency-ANA and in the case of the Watershed Committee Piancó-Piranhas-Açu. It makes use of the deductive method and literature review, as well as examines reports of the audiences/public consultations conducted by the National Water Agency and the minutes of both ordinary and extraordinary promoted by the Watershed Committee Piancó-Piranhas-Açu. One concludes that the participation of civil society in Public Administration is one of the foundations of the Federal Constitution. Moreover, in the context of regulation of water resources, it appears that this is not a utopia or a mere rhetorical instrument, performing often efficiently and effectively. However, it explains that adjustments should be made in order to solve some problems identified and optimize administrative operations with means to the attainment of national development.