policy for the eradication of contemporary slave labor in Brazil: considerations on the role of law in its implementation from a case-study research

The challenges arisen in the process of public policy implementation, especially when they are aimed at the realization of social rights, highlight the importance of discussing the role of the legal framework and the... [ view full abstract ]

The challenges arisen in the process of public policy implementation, especially when they are aimed at the realization of social rights, highlight the importance of discussing the role of the legal framework and the consequences of the work of the legal operators in the policy implementation process, which increasingly ceases to be seen as a linear and watertight process of the public policy cycle to be seen as a system. This study aims to investigate the relationship between Law and the implementation of public policies, considering a proposal to categorize the roles played by the legal framework in this process, based on a case-study research related to the discussion within the scope of the legal advisory body of the Federal Union (AGU), about how agrarian reform can happen in Brazil as a measure of combat and prevention of contemporary slave labor. A qualitative approach was developed, based on the analysis of the content of the legal statements produced on the subject, investigating the role of the legal framework in the public policy implementation and what are the challenges presented for jurists, public managers and the policy executors. As a methodological criterion, we used the categories of analysis suggested by Coutinho (2013), which describe the roles played by Law in public policies, namely: Law as a goal (a source that defines policy goals); Law as an institutional arrangement, deepening the analysis of structures, processes and legal norms that shape institutions and influence their performance; Law as a toolbox, addressing how jurists achieve the end sought by public policies through executive-level decisions; and Law as a vocalizer of demands, creating conditions for the participation of stakeholders in shaping, implementing and evaluating public policies. In the research, it was noticed a greater concern with the effectiveness of the public interest that bases the policy than with the legal formalism, confirming the relevance of skills that allow jurists to know the specificities of public policies, as a way of achieving effectiveness in their implementation. The analysis also highlighted the role of Law as a goal, clarifying the scope and interpretation of legal texts. The role of Law as a toolbox was verified by the regulation of instruments that effect the agrarian reform as a means to combat slave labor. Finally, it was possible to observe the role of Law as a vocalizer of demands, by creating conditions for the participation of those interested in shaping and implementing the policy. The proposed analysis is relevant because it makes it possible to draw useful conclusions for jurists and for public managers responsible for the implementation of public policies, aiming for greater effectiveness of such policies.