June 9, 2017

Law, Justice, and Citizenship in the Twenty First Century

This research project focuses on the analysis of the legal instruments available to citizens (both individual and collective) for the control of public procurements in Brazilian and Portuguese legislation, in order to illustrate compliance with the principle of citizen participation in public administration. The control exercised by citizens over public procurement is a fundamental and necessary right - yet to be strengthened in post modernity - considering that positive law alone cannot ensure the effectiveness of public interest. In this sense, the method for document analysis adopted is based on the constitutions and infra-constitutional norms of each country - including European directives - taking into consideration the principles of legality, advertising, and public participation. The most relevant legal instruments for the direct and indirect control of citizens in public procurement procedures are identified in relation to the contracting of goods and services by public administration to third parties. In this context, citizen participation is presented as a way of legitimising public interest to the extent where it leads to efficiency in procedures and reduces risks for the intended objects of such contracts; it is an unavoidable democratic resource. For the theoretical and juridical analysis of legislation, the sociological and legal factors involved in democratic participatory processes leading to suggestions for legislative change were considered, as well as the creation of new laws and the establishment of an independent collective group of democratic representation, with the aim of analysing public contracts of great financial and social impact. Such control is closely linked to the idea of "control over what is public".

Keywords: control of public procurements; legal instruments; citizen participation; public interest