The Street-level bureaucracy as a guarantor of the effectiveness of constitutional norms

Abstract

Objective: the article discusses the importance of street-level bureaucracy as one of the segments responsible for ensuring the effectiveness of constitutional norms. In the Rule of Law established by the 1988 Constitution of the Republic, the Judiciary is given a high distinction in its function of ensuring constitutional effectiveness, a doctrine that predates the very notion of Neoconstitutionalism. This understanding hides the potential of the roles performed by public service workers who interact directly with citizens in the implementation of public policies, according to the objectives set by Constitutional Law. Methods: the research is primarily bibliographic, regarding the review of Brazilian and foreign doctrine on the subject; but it is also normative, regarding the exploration of the constitutional provisions that characterize street-level bureaucracy in Brazilian Federalism. Results: endowed with considerable discretion, street-level bureaucrats constitute a unique segment of the civil service that identifies social demands, making tangible the public interest that underlies the very idea of ​​citizenship. They are a pillar of the rule of law, capable of unraveling the factors of social inequality that permeate daily life and affect the expected enjoyment of fundamental rights. Conclusion: the actions of street-level bureaucrats, being more concerned with everyday dilemmas, allow them to mold the applicability of constitutional provisions to specific cases in a way that sometimes goes beyond the scope of those primarily designated to interpret and apply the provisions of the Constitution.