Banca de DEFESA: SARA MENDES CARCARÁ

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
STUDENT : SARA MENDES CARCARÁ
DATE: 29/05/2024
TIME: 10:00
LOCAL: : https://teams.microsoft.com/l/meetupjoin/19%3ameeting_ODRhMzRkNWEtYTgyYS00ODNmLTgxZTAtYjg3YzIwZWFl
TITLE:

The Genesis of the Spending Ceiling: Legislative Argumentation for the Approval of Constitutional Amendment nº 95/2016

KEY WORDS:

Legislative argumentation, legislation theory, spending ceiling, new fiscal regime, fiscal policy, public finance.

PAGES: 187
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

The work investigates the legislative discourses articulated within the scope of the National Congress approval of Constitutional Amendment (EC) No. 95, of 2016 (Spending Cap), which implemented, in Brazil, the New Fiscal Regime (NRF), aiming to verify how the legislative justification for the constitutional amendment occurred, especially considering the context of political and economic turbulence at the time. The norm played a fundamental role in addressing fiscal issues in the country and influenced many political and economic decisions in the subsequent years. The shorthand notes of the Constitution and Justice and Citizenship Committee, the Special Committee, and the Plenary, all from the Chamber of Deputies, as well as the Constitution and Justice Committee and the Plenary of the Federal Senate, all referring to the processing of Constitutional Amendment Proposal (PEC) No. 241/2016 in the Chamber of Deputies (PEC No. 55/2016 in the Federal Senate), approved as EC No. 95/2016, were analyzed. The methodology used was based mainly on A. Daniel Oliver-Lalana's concentrated hypothesis, with contributions from Manuel Atienza and Roberta Simões Nascimento. This dissertation is divided into four chapters. The first is dedicated to presenting reflections on the relevance of studying legislative argumentation for legal theory, as well as theoretical and methodological contributions related to empirical research on legislative argumentation. The second chapter focused on the political and economic context that preceded the submission of the legislative proposal to the National Congress, as well as the presentation of conceptual aspects of the New Fiscal Regime. The third chapter describes the arguments articulated by the congressmen, as well as the parliamentary tactics used along the way. Finally, the fourth chapter was dedicated to the analysis and evaluation of the legislative reasons, according to the determined analysis model. It was concluded that, during the parliamentary debates, arguments and counterarguments were articulated regarding the core points of the debates. The presence of variety (diversity), depth (detail), and relevance (appropriateness) of arguments was observed, with a predominance of instrumental (teleological) and axiological correction (ethical) reasons in legislative debates, interspersed with digressions and opposition speeches. It was understood that the legislative measure was sufficiently justified from an internal point of view. On the other hand, inconsistencies were identified in the premises of proposing the legislative measure, in terms of plausibility, as well as many assertions of moral content, such as speeches about austerity. From an external perspective, the justification was incomplete. The importance of the empirical study of legislative reasons based on parliamentary debate was reinforced, considering the possibilities of apprehending contextual elements of legislative dynamics, such as parliamentary discursive and behavioral strategies, which allows for a better understanding of the political, legal, and budgetary decisions adopted in the country

COMMITTEE MEMBERS:
Externo à Instituição - ANGEL DANIEL OLIVER LALANA - UNIZAR
Externo à Instituição - FERNANDO FACURY SCAFF - USP
Interno - 154321 - ANTONIO DE MOURA BORGES
Presidente - 1716148 - CLAUDIA ROSANE ROESLER