O tribunal e a administração pública estatal: uma verificação a partir da teoria política contratualista e da teoria social Luhmanniana

Abstract

This study has as its central theme the Court and the Public Administration in the State and Society - aspects of interference between Law, Politics and the State Powers. Its general objective is to theoretically understand the interrelationship between Society and the State, considering the judicial provision and the interference between state powers, proposing a plan to verify the degree of trust in the State and the impact on the legitimacy of the social pact. The research is constituted by the bibliographic examination and investigation according to preselected works, in national and foreign literature, adequate to the classic contractualist political theory, as well as to the systemic theory and the social theory on trust, both of Niklas Luhmann. Therefore, as a methodology, it employs an exploratory study under a qualitative approach, using the deductive method to provide the logical basis of research, through the observational and comparative approach as technical means of research. It describes society, the state, citizenship and the establishment of the social pact. It analyzes Luhmann's systemic theory and the aspects applicable to law and politics. It identifies trust in Luhmann and its application to law, the state and public administration. It develops a policy of verifying the degree of trust in the State and the repercussion on the legitimacy of the social pact, based on the judicial environment. It analyzes the confusion of competences between state powers and the overlaps between law and politics, concluding that such systemic defects generate distrust. From this, it is verified that, to reverse this situation, it is necessary to reinforce the operational closure of the Law and Politics subsystems and/or to establish a new conduct of the Judiciary and Public Administration towards the administrated, in a more planned and measured action, with respect to the expectation of the particulars.