Participatory democracy and law-making in contemporary Brazil

Coutinho, Diogo R.; Kira, Beatriz; Lessa, Marília Rolemberg; Castro, Henrique Almeida de

doi:10.1080/20508840.2017.1407073

Cited by 3 publications

(1 citation statement)

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“…At the end of the twentieth century, a new configuration of the Brazilian State emerged as a way to redemocratize political life, enshrining the federative principle and highlighting the need to reduce the autonomy of the federal government in the production of public policies (Araujo, 2013; Carneiro & Brasil, 2010). Coutinho et al (2017, p. 225) explain that “during the re‐democratization period, Brazilian municipalities (which are more than 5500) became federative entities, with political, administrative and financial autonomy.”…”

Section: Tourism Public Policy Councils and Democracy In Brazilmentioning

confidence: 99%

Democratic institutions in Brazilian tourism policy: An analysis of council laws

Bassani

Gomes

Teles

et al. 2022

Latin American Policy

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Inclusiveness, popular control, considered judgment, and transparency are the consensual “goods” democratic innovations should aim to produce, according to an analytical framework designed to study democratic institutions like policy councils. Tourism councils, although not often studied, represent a public policy with potential for local development and have as a peculiarity the predominance of entrepreneurs. These characteristics lead us to ask how the laws established by the councils contemplate participatory democracy. In this article, we carry out documentary research on the laws behind the creation and regulation of tourism councils in 10 Brazilian cities. Through content analysis, the results show that the rules favor some diversity of the members, with a bias toward the business sector. Popular control is a concern in only half the rules studied. Most councils favor considered judgment and internal transparency but are not concerned with external transparency. Overall, the laws show a lack of clarity in the organization of tourism councils, which affects the council members and society and leads to a failure to provide adequate rules to improve the production of democratic goods.

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Section: Tourism Public Policy Councils and Democracy In Brazilmentioning

confidence: 99%

Democratic institutions in Brazilian tourism policy: An analysis of council laws

Bassani

Gomes

Teles

et al. 2022

Latin American Policy

View full text Add to dashboard Cite

show abstract

The Legal Construction of Power in Deliberative Governance

Castro¹

2020

Law Soc. Inq.

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Deliberative democracy has grown into an influential normative paradigm for political theory and reform programs alike, but doubts persist about its desirability in a world where strategic action and inequality are prevalent. This problem has spurred efforts to understand the empirical dynamics of power relations in institutionalized participation. This article argues that sociolegal scholarship has yet to join this turn to power but that doing so can help it to specify law’s causal and normative relevance in deliberative governance. This is because the legal environment within which actors interact affects causal mechanisms by distributing opportunities for the exercise of power between potential participants, actual participants, and participants and government. The utility of a power-distributional perspective is illustrated through a study of São Paulo’s health councils, one of the world’s largest experiments in deliberative governance. The study demonstrates that the councils’ trajectory and current functioning—including some of their normatively problematic aspects—cannot be understood without reference to legal arrangements. This article is meant as a building block for sociolegal scholarship to continue investigating deliberation.

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