THE PUBLIC ACTION AND ITS FORMATION: DISTANCE OR NEGOTIATION BY THE PUBLIC AGENT?

Abstract

The contemporary State act according to two guidelines: the Constitution – the founder statute and limiter of the political activity – and the democracy, the majority govern. The public agent needs to decide according to such guidelines, arising a doubt of how he makes such decisions. The models that seek to answer how this public decision is formed in a democratic environment are analyzed according to Political Science, which receives contributions from Law (especially the Public Law) in relation to certain instruments that promote political-democratic legitimacy. This text aims to understand how the contemporary State forms its public decisions, showing that the models most mentioned in the doctrine are conflicting and problematic. To this end, a conciliatory path is proposed. Methodologically, the article will use the rescue of specialized literature and legislative and judicial documents, developing the content with a qualitative character and with the normative establishment of concepts on which the categories necessary for the intended purpose.