A legal approach to public policy analysis

• Autor(a) principal: Castro, Marco Tulio de barros e
• Data de Publicação: 2017
• Outros Autores: Mello, Maria Tereza Leopardi
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista de Estudos Empíricos em Direito
• Texto Completo: https://reedrevista.org/reed/article/view/112

This article proposes a legal approach to the analysis of public policies, considering that the law is transversal, permeating all levels and stages of public policies, be it in the definition of objectives, guidelines and principles of governmental action, or affecting the microprocesses existing in its formulation and implementation. We adopt an interdisciplinary approach that problematizes the role of law in public policies and deals with the different functions of law and its ability to effectively influence the conduct of agents. We perform a non-exhaustive review of the literature on the relationship between law and public policy and correlate it with the Weberian tradition of sociology of law, which deals with the effects of the legal system. The legal approach of public policy analysis adopts a functional perspective of law, recognizes the complexity of public policies, involving a heterogeneous set of public and private actors that have different motivations and visions about existing problems and possible solutions; policies are composed of a set of processes structured according to a particular institutional arrangement of complex nature and there are constraints of varying degrees and intensity that influence, in general terms, the state capacity to elaborate and implement interventions.