A efetividade e a elaboração legislativa do direito à alimentação: política pública, educação e gestão participativa

Abstract

This thesis analyses the effectiveness of the right to food in Brazil, establishing the scope of this fundamental right and evaluating the brazilian protective and ensuring normative system. The contemporary concept of the right to food is founded on the dignity of the human beingand the ability he has to provide the adequate nourishment for himself, be it nutrition of culture-wise. It contains transdisciplinary elements. In this context, the Brazilian normative system has been built as dense and wide-reaching, it has an excessive amount of rules, which causes detachment between their creators and their addressees. There is centralization of control in policies creation and execution, which reduces freedom of all those involved. Contrasting, under the theory adopted, we understand that effectiveness is only possible with an elaboration process each person builds for himself, as conscious, active, ethic, freeparticipant. In order to assess the quality of the normative system, Legisprudence was applied. Secondly, we verified if the policies created were executed under a model of public management which was participative, democratic and cooperative, being this a more adequatemodel to the Brazilian federalism. Aiming to verify, on state and municipal level the execution of policies related to the right to food, we conducted a case study on the execution of the National Program for School Nourishment in Serro/MG, national and state cultural heritage city. From the collected data we applied a methodology of material Legistic in orderto deepen the analyses of the core problems identified: a centralizing managing model and the non-adoption of education as the link for all actions planned. As a result, we offer a proposition for a Complementary Law which allows the cooperation between federal entities, because this cooperation is essential to adopt development and educational actions that are permanent and coordinate for all people, and the adoption of a collaborative model of management that ensures the participation of local communities in the decision-making processes. These structural changes are necessary for the guarantee of effectiveness of theright to food.