A cidadania participativa nas ouvidorias do Ministério Público Estadual e a efetivação dos direitos fundamentais

Abstract

After two decades of the Federal Constitution, which was ambitiously titled Citizen Constitution, are still incipient in Brazil, the actions arising from participatory citizenship. Argued that the passive conduct of the society stems from cultural reasons, due to historic modest of social gains arising from the popular demonstration; educational order, due to the low level of education of the population and political order, because of lack of rights and duties of the citizen. Given this new paradigm situation due at constitutionalization of the democratic state, has been recently established public ombudsman at the federal, state and municipal level. Such institutes, besides facilitating the increment of the exercise of citizenship, represent the main channel of communication between civil society and the state, we highlight the Ombudsman of the State Public Ministry (SPM) created by Constitutional Amendment no 45/2004 that intends to act as a bridge between citizen and state power, propitiating a more democratic model of governance. In general, the ombudsman tends to limit its actions in the sense of hear and to examine the complaints, accusations and suggestions from citizens about procedures and actions of servers and public entities, but its performance must be improved in order to a gradual construction of the citizenship and the reduction of the social inequalities. This study investigated the performance of the Ombudsman of the SPM on the south and southeast regions of Brazil, as a locus for the exercise of participatory citizenship. To do so, were investigated the activities developed in these bodies and raised the normative instruments that govern its performance in the relationship with the citizen. This study was guided by the deductive method and involved bibliographical and documental research. The results demonstrate the importance of the Ombudsman as a link between the citizen and the government, however, the Ombudsman/MPES Report showed limitations which have hindering its performance. Even so it is possible to conclude that the Ombudsman of the SPM have improved its performance as a potential locus for the exercise of participatory citizenship aimed at enforcement of fundamental rights.