Ouvidoria pública: democracia e direitos fundamentais

Abstract

The consolidation of the democracy begins in Brazil with the 1988 Federal Constitution. A new political sociability appears in the seventy and eighty decades in virtue of the social sector movements of the society, motivating transformation in the model and functions of the state and civil society, with more collective and solidary participation. This because the people started to have more conscience of their rights, searching each time more information about them and the public agents in charge of guaranteeing them and defending them. With the reinforcement of the participative democracy in Europe and Latin America, opens path to the creation of canals between the citizen and the public power, by means of important mechanisms of popular participation. Between such mechanisms, the Ombudsman is created in Europe, having stimulated its creation in Latin America. In Brazil Colony was created the ombudsman, but as the crown’s defender and, until the beginning of the eighties was considered as the defender of the interests of the State Administration and never of the citizen, user of the public service. Although the 1988 Constitution hadn’t contemplated in its text the institution ombudsman, it opens way to the necessary existence of the same one, before the duty of the Public Management to observe the principles contained in art. 37 and the possibility of the citizen, user of the public services, today more conscious of their rights, to participate of the Public Management with claims, reports and suggestions as of the public services. But, for this, created the ombudsman, the choice of the ombudsman must be made with the participation of the civil society, under the eyes of the participative democracy, what would give the ombudsman his condition of structural and functional autonomous worker and independence in his activity. Thus the constitutional principles of the Democratic State of Right are respected, restraining the current practice that constitutes political aggregations and does not contemplate the participation of the civil society, removing the structural, functional autonomy and independence of the ombudsman in the exercise of his attributions.