Judicialização da política municipal de assistência social: reflexões acerca das requisições do Ministério Público

Abstract

The subject Policy Judicialization in Brazil has increased the amount of discussion between the field of expertise of the social science and it generate different interpretations, knowing that, for the analysis, it is indispensable the register of the specific moments which attribute this characterization to the institutional interactive process that are objects of study. In this paper it’s emphasized the phenomenon in the scope of the Municipal Social Welfare Policy from the point of the requests sent by Public Ministry (PM). The primary target of this paper is to analyze the Public Ministry requests sent by mail, in the year of 2013, and addressed to the welfare social services maintained by Secretary of Social Human Developing of Montes Claros City. We contribute, in a specific way, on the wondering about the legitimacy (or not) of the PM motivations once they make requests to the municipal social welfare services, and we also make reflections about the relations of power that permeate the interaction process between the PM and the City of Montes Claros. By census methodology, information was collected on 11 units of Social Assistance Reference Center (CRAS) and two units of Specialized Reference Center for Social Assistance (CREAS) in the city of Montes Claros, and was also made a full verification of the requests sent by PM to the municipal services of social human development. The data obtained in this verification is expressed in this paper by the use of quantitative graphics that represents the total flow demands generated by each social assistance unit analyzed. This study also demonstrates that the Judicialization Phenomenum exists in these relations of institutional interaction, and it can be interpreted in a positive perspective, allowing access of individuals who were never really noticed by the Rights Guarantee System (SGD) available in society; or sometimes may indicate negative effects, since that access through the judicialization is contrary to the principles of universal rights and equal access established by the National Social Assistance Policy (PNAS) for social assistance services, among other forms of unjust action that social policy can come to assume in this context. It could be noted existence of power relations in the institutional processes analyzed according to Foucault's assumptions corresponding to the search of obedience (by the municipal social assistance services) to the interests of the applicant (prosecutor), among other systems of power that this theory describes. This disciplining condition of the institutions was also observed even for those social assistance units which had a lower incidence of ministerial demands.