Public policies and critical contemporary constitutionalism: systematizations to subsidize analysis in Law and public policies

Abstract

The present reference article gathers, organizes and systematizes the concepts and typologies of public policies with greater insertion in Law. Whilst it delimits the state of the art of debate regarding a critical perspective of the contemporary constitutionalism, cataloging its main potencial contributions to the Law and Public Policies Approach (LPPA) in Brazilian legal context. The goal is to address the feedback feature of both knowledges; systematize the bases of the language that have been shared in the legal environment as to public policies; and introduce possible critical increments that the focus of contemporary constitutionalism may contribute to the LPP Approach. It executes a systematic review of the literature on the debate. It addresses the different concepts, typologies and theoretical models of public policies, focusing on the interface with Law study. It performs an incursion on the debate about evaluating, monitoring and controlling public policies. It systematizes a review of the literature about the contemporary constitutionalism and the transformations of Brazilian juridic publicity dogmatic. It incurs on the critical perspective of contemporary constitutionalism, to the subsequent analysis of the potencial to increment the LPP approach. At last, it analyses the juridical-institucional development of the normative about evaluation and monitoring of public policies in Brazil, towards a greater institucional superposition of both fields.