Hi! Eduardo, São Paulo!
3 weeks ago a post popped up in “the book”, screaming (caption on) that the government made a huge step toward a left cue, communist of course, because here it always where, and IS now still, a real threat to democracy… It stated that the government of the worker’s party took advantage of the whole business around the soccer cup to pass “in secrecy” a decree that not only would increase their power now, but even in case they loose the elections in october. I went to check, it was from a reporter on the main media, in the website of the biggest magazine of the country, complaining that the decree was an attempt to give voices to unions and organizations, all those, of course, are cooptated by the party for years now (thus, maintaining the party “power” even out of the presidency). Did then, have a link to another post in a blog, one that would explain on details what the decree really meant… Well… It was a long text, explaining the representstive democracy in Brazil, what the decree meant for it, all we stupid people don’t have a clue about… I noticed in the text, wich, was huge, that “as always, it was a long, very long decree, with the complicated politic elite words to confuse people, so leave it to me, i’ll clarify it to the reader”… I also noted that there where no quotations of the original text in both of these, nor a link to the decree itself, wich made me curious… So, i googled it. What i found was the clearest text i’ve ever read in politics, simple, concise, that was as long as 7 A4 faces… spaced. What it state is, actually, that the government must open channels for public consultations, in all spheres, from unions to individuals, using as many options are availeable, including even social media… It’s a personal view, but i think it’s a good small step towards a democracy wich people’s opinions and thoughts, if not taken into account, at least would be heard…
I translated it on Google, wich for my amazement did a fair translation, minor words difference, but fairly understandable text.
As main stram media cracks about it, making it sound absurd, i’d like to hear you guys from Z, and all here, your opinions about it!
Truth is the decree demands all that conservative business, media and parties fear most: Participation of the socety in it’s full: Ethnic, gender, sexual orientation, disabilities, they all mus be heard; space in the media for discussions and presentations of results, wich for they mean socialization and regulation of the media, tecnological integration, with open formats and developments…
Presidency of the Republic
Subchief for Legal Affairs
DECREE 8243 OF 23 MAY 2014
Establishing the National Policy for Social Participation – PNPS the National System of Social Participation – SNPS, and other measures.
The PRESIDENT OF THE REPUBLIC, in exercise of the powers conferred by article. 84, heading, paragraphs IV and VI, paragraph “a” of the Constitution, and in view of the provisions of art. 3, caput, I, and art. 17 of Law No. 10,683, of May 28, 2003,
Article 1 established the National Policy for Social Participation It – PNPS, with the objective of strengthening and promoting democratic mechanisms and forums for dialogue and joint action between the federal government and civil society.
Single paragraph. In the formulation, implementation, monitoring and evaluation of programs and policies and the improvement of public management will consider the objectives and guidelines of PNPS.
Article 2 For the purposes of this Decree, the following apply:
I – civil society – citizens, collective, institutionalized or not institutionalized social movements, their networks and their organizations;
II – Board of public policies – permanent collegiate theme body, established by legislative act, for dialogue between civil society and government to promote participation in decision making and management of public policies;
III – commission of public policy – Thematic collegiate body, established by legislative act, created for dialogue between civil society and government around specific purpose, for a period of operation linked to the fulfillment of its purposes;
IV – National Conference – regular forum for discussion, formulation and evaluation on specific issues and public interest, with the participation of representatives of government and civil society, that may include state, district, municipal or regional stages, and to propose guidelines Actions on the topic addressed;
V – federal ombudsman – instance of social control and participation responsible for handling complaints, requests, complaints, suggestions and compliments relating to the policies and public services, provided in any form or scheme, aimed at improving public management;
VI – dialogue table – discussion and negotiation with the participation of sectors of civil society and government directly involved in order to prevent, mediate and resolve social mechanism conflicts;
VII – intercounsels forums – mechanism for dialogue between representatives of the councils and committees of public policies, in order to monitor public policies and government programs, making recommendations to enhance its intersectoral and cross-cutting;
VIII – public hearing – participatory mechanism presential character, consultative, open to anyone interested, with the possibility of oral manifestation of the participants, whose goal is to support government decisions;
IX – public consultation – participatory mechanism, to be held in defined term, consultative status, open to any interested party who seeks to receive written submissions from civil society on a given subject, as defined in its act of convocation; and
X – virtual environment for social participation – social interaction that uses information and communication technologies, especially the Internet, to promote a mechanism of dialogue between the federal government and the civil society.
Single paragraph. The definitions set forth herein do not imply the deconstitution or alteration of boards, commissions, and other instances of social participation already established within the federal government.
Article 3 The following are general PNPS guidelines:
I – recognition of social participation as the citizens’ rights and expression of their autonomy;
II – Fulfilling, crossing and integration of mechanisms and bodies of representative, participatory and direct democracy;
III – solidarity, cooperation and respect for diversity of ethnicity, race, culture, generation, origin, sex, sexual orientation, religion and social, economic condition or disability, to build values of citizenship and social inclusion;
IV – the right to information, transparency and social control in public actions, using simple and straightforward language, considering the characteristics of the population and the language that it refers to;
V – valorization of education for active citizenship;
VI – autonomy, free functioning and independence of civil society organizations; and
VII – expansion of social control mechanisms.
Article 4 The objectives of PNPS, among others:
I – consolidate social participation as a method of government;
II – promote coordination of means and mechanisms of social participation;
III – enhance the relationship of the federal government with the civil society, respecting the autonomy of the each;
IV – to promote and consolidate the adoption of mechanisms for social participation in policy and federal programs;
V – develop mechanisms for social participation in the stages of planning and budget cycle;
VI – to encourage the use and development of methodologies that incorporate multiple forms of expression of languages and social participation, through the Internet, with the adoption of free technologies of communication and information, software and applications, specially, such as free and auditable source code , or available at Brazilian Public Software Portal;
VII – to develop mechanisms for social participation accessible to social groups historically excluded and vulnerable;
VIII – encourage and promote actions and institutional support programs, training and qualification in social participation for public officials and civil society; and
IX – to encourage social participation in federal agencies.
Article 5 The agencies and entities of the direct and indirect federal government should, while respecting the specificities of each case, consider the instances and social participation mechanisms provided for in this Decree, for the formulation, implementation, monitoring and evaluation of their programs and policies.
§ 1 The agencies and entities referred to in the caput shall, annually, report PNPS implementation within their sectoral programs and policies, subject to the guidelines of the General Secretariat of the Presidency.
§ 2 The General Secretariat of the Presidency shall prepare and publish an annual evaluation report of the implementation of PNPS within the federal public administration.
Article 6 are forums and mechanisms for social participation, without prejudice to the creation and recognition of other forms of dialogue between the federal government and civil society:
I – board of public policies;
II – committee of public policies;
III – national conference;
IV – federal ombudsman;
V – dialogue table;
VI – intercousell forum;
VII – public hearing;
VIII – public consultation; and
IX – virtual environment for social participation.
Article 7 The National System of Social Participation – SNPS, coordinated by the General Secretariat of the Presidency of the Republic, will be integrated by the instances of social participation provided for in sections I to IV of art. 6 of this Decree, without neglecting other forms of dialogue integration between the federal government and civil society.
Single paragraph. The General Secretariat of the Presidency publish their composition and the relationship of the members of the SNPS instances.
Article 8 The General Secretariat of the Presidency must:
I – monitoring the implementation of the PNPS agencies and entities of the direct and indirect federal administration;
II – guide the implementation of PNPS and SNPS in the organs and entities of the direct and indirect federal administration;
III – conduct technical reviews and studies and promote the systematization of bodies and social participation mechanisms defined in this Decree;
IV – hold public hearings and consultations on topics relevant to the management of PNPS and SNPS aspects; and
V – proposed pacts for strengthening social participation to other federal entities.
Article 9 is hereby established the Governmental Committee for Social Participation – CGPS, to advise the General Secretariat of the Presidency in the monitoring and implementation of PNPS and coordination of SNPS.
§ 1 The CGPS will be coordinated by the General Secretariat of the Presidency of the Republic, who will give the technical and administrative support for its operation.
§ 2 Act the Minister of State, Office of the General Secretariat of the Presidency of the Republic shall provide for its operation.
Art.10. Except as provided by law, the constitution of new public policy councils and the reorganization of already constituted, at least, should be subject to the following guidelines:
I – presence of elected or appointed by the civil society representatives preferably in equal numbers of government representatives when recommending the nature of representation;
II – definition, with prior consultation with civil society, of its duties, powers and nature;
III – ensuring diversity among representatives of civil society;
IV – establishing transparent criteria for choosing its members;
V – turnover of representatives of civil society;
VI – commitment to monitoring the conferential processes on the subject of its jurisdiction; and
VII – advertising their acts.
§ 1 The involvement of the board members is considered provision of relevant public service, unpaid.
§ 2 The publication of normative resolutions of the boards of deliberative nature must be linked to the analysis of the legality of the act by the competent court of law in accordance with the provisions of the Supplementary Law No. 73 of February 10, 1993.
§ 3 The turnover of the entities and their representatives on the boards of public policy should be assured by the limited time span given in the form of their internal regulations renewal, being sealed three consecutive renewals.
§ 4 The participation as a leader or member of a civil society organization acting on advice of public policy does not constitute an impediment to the conclusion of partnership with the government.
§ 5 In case of partnership involving transfer of funds from appropriations made at the funds of each council, the officer attached to the organization that claims the resource access is prevented from voting on agenda items that have reference to the process of selection, monitoring and evaluation of the partnership.
. Art. 11 the committees of public policy should be subject, at least, to the following guidelines:
I – presence of representatives elected or nominated by civil society;
II – definition of term, theme and goal to be achieved;
III – ensuring diversity among representatives of civil society;
IV – establishing transparent criteria for choosing its members; and
V – advertising their acts.
. Art. 12 The national Conferences must meet, at least, the following guidelines:
I – full disclosure and prior to convening documents, spelling out their goals and steps;
II – ensuring the diversity of participatory subjects;
III – establishing criteria and procedures for the designation of government delegates and for the choosing of delegates of civil society;
IV – integration of steps between municipal, state, provincial, district and national, if any;
V – prior availability of reference materials and documents to be examined at the national level;
VI – definition of methodological and pedagogical procedures to be adopted in different stages;
VII – advertising their results;
VIII – Determination of monitoring model of its resolutions; and
IX – periodicity of it’s conclusion, considering the timing of other conferential processes.
Single paragraph. The national conference will be convened by a specific legislative act, the CGPS being heard about the relevance of their realization.
Article 13. Ombudsman should observe guidelines of the General Ombudsman, of the Comptroller General of the Union (*state) as guided art. 14, heading, paragraph I of Annex I to Decree No. 8,109, of September 17, 2013.
. Art. 14 Tables dialog must meet at least the following guidelines:
I – participation of affected parties;
II – involvement of civil society representatives in the construction of the solution of the conflict;
III – defined period of operation; and
IV – monitoring the implementation of agreed solutions and obligations voluntarily assumed by the parts involved.
Single paragraph. The dialog tables created for improving conditions and labor relations should preferably have tripartite nature in order to involve representatives of employees, employers and the government.
. Art. 15 intercounsel forums must comply with, at least, the following guidelines:
I – definition of policy or program to be the subject of debate, formulation and monitoring;
II – definition of councils and civil society organizations to be invited by their connection to the theme;
III – production of recommendations for policies and programs in question; and
IV – publication of findings.
. Art. 16 Public hearings must meet, at least, the following guidelines:
I – full and prior disclosure of the convening document, specifying object, method and time of application;
II – free access to affected and interested persons;
III – systematization of received contributions;
IV – advertising, with wide dissemination of results, and the availability of the content of the discussions; and
V – compromise to respond on proposals received.
. Art. 17 Public consultations should observe, at least, the following guidelines:
I – full and prior disclosure of the convening document, specifying object, method and time of application;
II – Forward and timely availability of documents that will be the subject of consultation in simple and straightforward language, and studies and technical material used as a basis for the proposal put to public consultation and regulatory impact analysis, when available;
III – use of the Internet and information and communication technologies;
IV – systematization of contributions received;
V – advertising their results; and
VI – compromise response to proposals received.
. Art. 18 In creating virtual environments for social participation, at least, should be subject to the following guidelines:
I – promoting the direct civil society participation in the discussions and decisions of government;
II – providing people with disabilities with all the information available for the general public in accessible formats and technologies appropriate to different kinds of disabilities;
IV – clarification of objectives, methodologies and expected products;
V – ensuring the diversity of participant subjects;
VI – definition of communication strategies and mobilization, and providing subsidies for dialogue;
VII – use of environments and social networking tools, when appropriate;
VIII – prioritization of exporting data in open and machine-readable formats;
IX – systematization and publication of contributions received;
X – priority use of free software and licenses as to encourage participation in the construction of the technological tools for social participation; and
XI – fostering integration with instances and presential mechanisms, such as transmission of debates and offer opportunity for remote participation.
Article 19. It established the Bureau for Monitoring Social Demands, inter-ministry collegiate body responsible for the coordination and routing of agendas of social movements and by monitoring their responses.
§ 1 The meetings of the Bureau of Monitoring shall be convened by the General Secretariat of the Presidency and invited the Executive Secretaries of the ministries related to the topics to be discussed at the occasion.
§ 2 Act the Minister of State, Office of the General Secretariat of the Presidency shall provide the specific skills, operation and creation of subgroups of proceedings under the heading.
Article 20. Regulatory agencies shall, when conducting public hearings and consultations, observe the provisions of this Decree, if applicable.
Article 21. Incumbent upon the Civil House of the Presidency to decide on the broad dissemination of draft normative act of special political or social significance in terms of art. 34, caput, II, Decree No. 4,176, of March 28, 2002.
Article 22. This Decree shall enter into force on the date of its publication.
Brasilia, May 23, 2014; 193 and 126 of the Independence of the Republic.
Jorge Hage Sobrinho
This does not replace the text published in the DOU of 26/05/2014at #966558
Could you post a link to the original in Portuguese?
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