A gestão participativa na destinação de recursos advindos de condenações em ação civil pública proposta pelo Ministério Público do Trabalho

Abstract

Immersing in the republican foundations and principles incorporated by the 1988 Constitution that privileges the mechanisms of society's participation in state public spheres provides an answer to the possible ways of implementing a participatory management of resources arising from public civil actions, after analyzing the different paths and different destinations that the legislation, the Courts and the Public Ministry provide in the allocation of these resources. Therefore, this study looks back at the judicial and extrajudicial performance of the Public Ministry as the main actor, in the defense of rights and diffuse, collective, and individual homogeneous interests and in the articulation of public civil action to repair collective damages in the Labor Court, which is portrayed as an emancipatory practice in the conception of Boaventura de Sousa Santos. Thus, this research proposes to verify in what ways it is possible to implement a participative management of resources arising from public civil actions proposed by the Public Ministry of Labor. To do so, we use the deductive approach method, using the bibliographic research procedure, based on the theoretical assumptions of Boaventura de Sousa Santos, among other authors. The documentary research, presented throughout the text, has an exemplary character and was carried out through an intentional non-probabilistic sample. In this way, it aims to analyze the issue of participatory management, with emphasis on the public hearing, as a legal instrument of cooperation and inclusion of social dialogue, which meets the criterion of being as close as possible to the damage in the application of the aforementioned funds. Finally, it is evident that public hearing is not the only instrument for participation and social dialogue, but it is an institute with a constitutional, legally valid and democratic basis. Therefore, it can and should be articulated by the MPT and the court, as one of the possible ways to implement participatory management in the application of resources arising from collective civil action and the execution of fines for non compliance with the terms of conduct adjustment.