JUNIOR, Jorge Luiz Machado. ESTEVES, Alejandra Luisa Magalhães. The Theatre in contemporary Public Institutions. Revista Científica Multidisciplinar Núcleo do Conhecimento. Year 05, Ed. 01, Vol. 01, pp. 58-86. January 2020. ISSN: 2448-0959
The right and the performing arts have been together for centuries. The Greek tragedies depicted the cases presented in the courts demonstrating a close link between the two. Over the years, the plays often reflect the inconsistencies of judicial decisions or laws applied unfairly or ineffectively. The performing arts are used to assist the undergraduate law to experience the experiences of the profession through the simulation of courts, monitors where there is a need for staging. However, it is emphasized that the intention is to prepare the student for the various situations that the student may pass through the exercise of his activities. In this context, public institutions and their peculiarities are observed. These present a worn image in the face of the problems currently faced, such as corruption and managerial inefficiency that are addressed more deeply in the search for possible solutions to the slowness in the provision of services. Finally, it is noted that there is the possibility of correlating theater and public institutions to elucidate the role of its actors in the management of the services provided.
Keywords: theater, public institution, slowness.
Theatre and Law go hand in its various areas of activity. In some cases the performing arts can assist in the resourcefulness of students before the judge to expose their premises.
The term theater has a Greek théatron etymological foundation, which configures art where an actor or a group of actors represents a story for an audience in a given location.
The theater originates from Ancient Greece in the 4th century BC. as a result of festivals to praise the God of joy and fertility, Dionysus. The performing arts were represented only by men with large masks, because women were not considered part of society. Also in Greece came two strands of the theater comedy and tragedy.
Making a brief parallel about public organizations and performing arts can refer to the film “The Time Breakdown” where director Santiago Dellape portrays the truth of Brazilian public institutions with few employees or with supporting actors , known as “apones”. Although not a play, it is worth stressing the importance of the work by its current and critical character.
The feature film takes place in the 1980s, in Brasilia. The Public Office responsible for recording inventions and patents presents slowness in the execution of its services, when a machine arrives, with a point clock aspect that allows a time travel in search of a better use public service, which is seen as negligent and disinterested. However, it is necessary to point out that the bureaucratic obstacles inherent to the system hinder the continuity of the spectacle. The tragic old plays featured themes related to justice and norms.
From the revolutions that occurred in Europe in the 17th and 19th centuries and the erosion of the bourgeoisie, the plays have suffered influences from the historical moment and present a more individual character losing their social nature.
The influences of the romantic movement brought to the pieces the motto of the French Revolution: fraternity, equality and freedom. In the twentieth century, theater becomes a tool of society for debate and criticism, without great attention the allegories of the scenarios and costumes, with the intention of clarifying the social reality.
According to Teixeira (2018) there is evidence that theaters originated in Ancient Greece in the likeness of the courts and were also employed to represent the judicial organization, allowing the people to judge their criminals through their stagings. It clarifies through the words of Jeniffer Wise, professor of theatre history at the University of Victoria who both reflect “democracy in action” and provide an assessment of legal norms with the concrete experiences of society.
Thus, the aim of this article is to propose a reflection on the reader on the subject. The performing arts used from its origin to the present day as a tool for social criticism and political awareness, also aiming to intervene in the Right for the elaboration and modification of laws for society and in the development of servers that represent the changing constates of contemporary public institutions.
Currently, art is a universal language that persists in presenting the striking aspects of society. Interpreting promotes knowledge of innovative dynamics and different from the daily life of the interpreter. It is imperative to highlight the articulation between theater and public entities in order to identify and familiarize concepts and functions by employing lightly, but criticizes the ineffectiveness presented by them.
2. PUBLIC INSTITUTIONS
The institutions were conceived, in the old Roman law with the plan to perform the will of the founder, achieving his objectives. In the lower Roman Empire, through christian ideology that preached charity emerged the original foundations. In understanding the individualistic theory in Bobbio’s vision (1992), men own the rights and recipients of these rights, in the foundations, are those for which it originated.
In medieval times, the foundations acted under the support of the Church and had a public character which was reduced with the origin of contemporary nations and inherent relevance to civil law.
Decree-law No. 200/67 established that the foundations were similar to public companies and incorporated indirect public administration. Other decrees later questioned the positioning of public entities as part of indirect administration.
Decree-Law No. 2,299/86, adding paragraph 2, he framed the institutions in the list of indirect administration to those generated, intending to bribe them to tools and guidelines for inspection, control and financial management, in addition to the career plan established by Law No. 5,645/70.com advent of changes, through law, the foundations presented a mostly public legal nature because they do not adopt several civilistic laws. In this rule, the entities were subdued to the Civil Code only in relation to the form of constitution.
Constitutional literality differentiated public and private foundations. With the advent of constitutional amendment No. 19/98, it no longer employed the expression public foundation the changes clarify that the Constitution does not distinguish, therefore, the norms of the Magna Carta encompass all types of foundation.
Art. 5º For the purposes of this law it shall be deemed to:
IV – Public Foundation – the entity with a legal personality of private, non-profit law, created by virtue of legislative authorization, for the development of activities that do not require execution by organs or entities of public law, with administrative autonomy, equity managed by the respective management bodies, and operation funded by resources of the Union and other sources (BRASIL, 1988, p. 13)
Public law entities originate by law while those in private law are generated through legal authorization, as presuppositions of civil law. Both, acquiring rights and obligations on their own behalf. According to the Supreme Court in the Direct Action of Unconstitutionality 191/RS in which the rapporteur was Minister Carmen Lucia. The forms that the foundations were created diverge from the Public, the private foundations due to the ownership and nature of the services provided (ADMIN, 2008).
With regard to the rules of administration, the public entities of indirect administration comply with the rules of public administration appropriate to their personality, which is public or private. (CARVALHO FILHO, 2009).
In this way elucidates Art. 37 of the Magna Carta:
Art. 37. The direct and indirect public administration of any of the Powers of the Union, states, the Federal District and municipalities will comply with the principles of legality, impersonality, morality, publicity and efficiency and also the following:
XIX – only by specific law can the institution of public company, mixed economy and foundation be created, with the complementary law, in this case, defining the areas of its operations. (BRASIL, 1988, p. 36 -37).
Therefore, public organizations can be composed of the public authorities with capital, in whole or partially public, supervised by public management, with the possibility of self-administration within the limits of the norm.
The assets of public law organizations is termed as a public good protected by all privileges, such as the unenforceability of assets. The assets of private law institutions do not fit as public goods.
The changes experienced in the scope of public management in Brazil can be identified in the search for the revitalization of state actions, it is said, improvements in the performance of the services provided, as well as the genesis of new guidelines in the relationship with the (MOTTA, 2007). However, the implementation of these changes suffers from the maintenance of classic aspects of public administration. As a play that is long on display with great acceptance by the public, where actors want to change the script, improvise, but the author does not allow it.
Previously, the legal regime adopted by the officials of these foundations would be the same, as stated by art. 39 of the CF, which established the single legal regime. With the advent of EC No. 19/98, this system was eliminated and the personnel regime became the one used by the federative person established through legislation. Both entities have objective responsibility, because art. 37, §6 of the Constitution elucidates (BRAZIL, 1988).
Organizational culture is a relevant element for understanding the performance of organizations, especially after interventions. This proposal seeks to redefine omissions and actions of the State and achieve significant changes in the management of public entities, according to Silva and Fadul (2010).
The crisis facing the state and the credibility of those who manage various public organizations required internal reconstruction to ensure ownership of contracts, in addition to assisting economic coordination in the market and reducing inequalities Social. This plan seeks to allow managers to make assertive decisions and that services, directly or indirectly subordinate to it, function more effectively.
Globalization has made it relevant to redefine your tasks. Previously the global incorporation of markets and productive modes, states had as one of their basic goals safeguarding their economies of international competition. After the globalization process, the state could not maintain this stance, but to adopt a strong internal economic system that makes it internationally competitive.
Added to these elements is the great social setback generated by the neoliberal government, since we are facing the Post-Democratic State, where everything becomes commodity and political decisions are made by the direction of large transnational corporations, markets, among others. Thus, public entities do not exercise their functions comprehensively if they do not act within the limits of the longings of neoliberalism, which demonstrates their contempt for the processes of popular legitimation, as well as their deep involvement with financial capital.
The difference between a neoliberal reform plan and a democratic social plan is in the objective. In the first, the state is sought to withdraw from the economy, while in the second intention is to increase the governance of the state.
Understanding the nature of the crisis and the indispensable need to implement reform in the State occurred in an unforeseen and controversial way. The country suffered a period of crystallization of per capita income from 1979 to 1994 and deep inflation.
What caused this crisis in the economy was the state crisis, which persists until today, despite efforts to end it. The depression initiated in 1979 was generated by the second oil crisis, which is identified by the lack of state capacity to structure the economic system to integralize the market. This crisis is defined as a resection of several fronts: fiscal, political, the method of state interference, of the State Administration. With the advent of the Royal Plan in 1994, prices stabilized favoring the recovery of economic growth.
Political instability presented three periods, according to Pereira (1996): a crisis of the military system; and a moral crisis, which resulted in Collor’s impeachment; the instability of the intervention method, expanded by global economic globalization, was qualified by the weakening of the protectionist mode of import exchange, which was demonstrated in the absence of competitiveness of a large part of the companies Brazilian women; he appeared in the failure to bring Brazil closer to European social democratic models.
The 1988 Constitution brought administrative management to the opposite level: an intense bureaucratic rigidity. The results are high costs and reduced quality of Brazilian administrative management.
This reform aimed to implement better conditions for applying laws and public policies and making the state’s exclusive activities more skilled, through the change of municipalities into “autonomous agencies”, as well as modifying competitive social services in social organizations.
In the State there were no new public tenders, since calculations were presented where there were more inactive servers than assets (MOTTA, 2007). Meanwhile, with reduced human resources the state was at the mercy of the fiscal crisis. According to (BRASIL, PDRA, 1995, p.26) “The rigidity of stability ensured to civil public servants prevents the adequacy of staff to the real needs of the service, and makes it difficult to collect the work”.
The monetary procedure of the Union is defined by asymmetry, because in Brazil there is no standardized remuneration system. The reform planning was inspired by the British administration and aimed to found a new standard of public management, based on the demand for faster with a focus on results, the public and social control.
The tax settlement will be achieved through: the exemption of surplus servers, the delimitation of the salary ceiling of employees, and the change of the retirement process, with the increase time of service, and the minimum retirement age, with minimum time of service and value proportional to the contribution.
The modernization of public management is presented as a consequence of the reform plan that will seek to strengthen the strategic center of the State and disfocus public management through the introduction of other centers controlled by management contracts. This Plan attempts to reinvigorate the central administrative competence and offer autonomy to agencies and social organizations. To achieve triumph with the introduction of the Reform, the commitment of all actors and directors involved in all areas within their specific prerogatives is imperative.
It is worth reflecting how such ideas are being accepted and employed in the routine of public organizations. As Motta (2007) explains, the public administration is correlated with the famous culture and such reforms may not interrupt this link immediately. In this context, he adds that patrimonialism and personalism persist and guide the conventions of preservation of power coalitions and safeguard ing objectives of preferential collectivities.
Through the joint experience of the teams of organizations are conclusions to the routine problems of the company, because they are shared patterns and opinions that establish the operative modus. These shared patterns and opinions form organizational culture (MOTTA, VASCONCELOS, 2006).
The premeemence of producing a positive concept has become the main foundation of administrations that seek to achieve quality. Instead of applying investments in the restructuring of the government public apparatus or in projects and services, a large amount of resources to cover up the reality of corruption, scrapping, nepotism is disbursed. Ineffectiveness sustains them and covers them from the beginningof Brazilian public entities. (SCHAUN, 1986).
The intrinsic activities of the State, it is said, the prerogative to legislate and tax, is carried out and encompasses the police, military forces, supervisory and regulatory entities, and the agencies entrusted with the assignment of resources.
Non-peculiar services, which the State exercises and/or sponsors because they consider them extremely relevant to human rights or cover external economies.
Finally, in each sector one should analyze what type of nature is and what type of public management is most appropriate.
The complexity inherent in institutions and the Reform is an issue that needs an analysis of various points in the history of the country. It is not a simple administrative issue the degradation of public entities and, in order to understand this process, three reasons should be analyzed, which is: Brazilian culture; corruption inherent to the government and the managerial inability of the government’s public apparatus.
2.1 DEGRADATION FACTORS OF PUBLIC INSTITUTIONS
a. Brazilian Culture
Nelson Werneck Sodré (1996) reveals in his work “Synthesis of history of Brazilian Culture” that the country’s first cults were Jesuits. In religious teaching the teachings were transmitted with the essential objective of catechesis. After many years following this system, the Pombaline Reform is generated by the need for the jesuits’ proscription, which does not lead to the elaboration of a new educational method and benefits the decline of teaching in Brazil. Priests and chaplains were the only ones with knowledge, but without pedagogical foundation. The educational process was for the few and the conclusion usually took place in European countries.
Culture, according to Sodré (1996), aimed to achieve the diploma, not knowledge, and deliberated that its students would be preachers, cults and geniuses and that thus they aspired to liberal professions and public jobs. The culture of indians and blacks was constriction and these were not allowed to learn, a fact that prevented their advances. This divergence between advanced political abstraction and the delay of the environment demonstrated the point of cultural disorientation inherent to peoples with colonial antecedents.
The consequence of these facts was a mediocre elementary school on the part of the State and a high school relegated to private organizations, which presented financial and intangible character to the humblest classes of the population. In the middle of the 21st century, Brazil has an illiteracy rate of 7% among people aged 15 years or more according to IBGE data (OLIVEIRA, 2018). An index still far removed from those presented by developed countries and some in development, such as Korea, which in 45 years practically eradicated illiteracy and put 82% of young people into university. (MAZILLI, 2011).
Nelson Sodré (1996) presents a relevant analysis on media interference in the educational process of the population:
Our peopl[…]e are still accused by the low level; commercial and ideological explorers of the mass media would be mere victims of this incorrigible popular taste; In the end, they are just providing what is imposed on them by the demands of this bad taste. This imposture reaches the limits of derision, when it is known that the truth is very different: the public accepts and seeks the best. (SODRÉ, 1996, p.79).
Given this panorama of ignorance, it seems unlikely that the Brazilian population will combat the deliberations of the system, however, public policies aimed at contributing to the entry of the less favored classes in higher education and curricular changes in elementary and high school they aim to balance the balance of knowledge for all.
While in other times, the press acted as the awareness of the population, now the people question and rebel against the press, perhaps by the advent of the internet, but mainly to the awakening of knowledge.
Corruption has been a common issue in all media and is presented as one of the factors that lead to the deterioration of the reputation of public entities. Similarly, studies on the subject have been expanding and, for the most part, consider it a moral issue. Bezerra (1995), in his work “Corruption: a study on public power and personal relationships in Brazil” conceptualizes corruption as a “phenomenon of a structural nature, rooted in our social formation, to our habits and customs”.
The denunciations of corruption have been more frequent and are portrayed by the media as an ethical crisis. It is necessary, to solve the issue, to establish stricter and more ethical moral standards (BEZERRA, 1995).
The author associates corruption and personal relationships and networks. According to him, bonds of friendship, kinship or patronage are propellants to justify acts of corruption.
Stukart (1988) stressed this link between corrupt acts in the face of social relations: “Undoubtedly morally apocryphal privileges and stewardships are also a means of bribery.” Bezerra (1995) complements:
They are not at last, exceptional facts, but routine practices. It should also be noted that a rapid observation in allegations of corruption in recent years makes it possible to note that the conduct so designated is not exclusive to a period, but have reproduced and crossed different political groups and governments (BEZERRA, 1995, p. 186).
The author clarifies that corruption is part of the culture of the Brazilian population and that, even those opposed to these practices, when they reach status, favor personal relationships.
[…] we read almost daily in newspapers and magazines cases of corruption, but rarely read about the compensation of the damage and/ or punishment of the corrupt, giving the impression that we suffer a syndrome of impunity, leading some to conclude that really ‘crime pays off. (STUKART, 1988, p.52).
These acts are gradually being more exposed to society and contribute to the image of precariousness of the entire government system. To change this framework, the attitude of society in the confrontation against corruption is imperative. The constant social effort and condemnation of corruptors can employ major changes to reduce or even eradicate corruption in the country (STUKART, 1988).
The author adds: The Code of Ethics, created according to the need for survival of a group needs sanctions and punishments, so that it is not just a heap of mere empty words. Negligence in their application will determine their gradual disappearance. (STUKART, 1988).
According to recent data from the Institute of Transparency International, Brazil ranked 96th in the least corrupt countries in the world, dropping 17 positions compared to the previous study. Most territories considered more corrupt live in a dictatorial political system or present religious conflicts and poor living conditions of the population. (EXAME, 2018)
c. Managerial disability
It is important to organize the State to abandon the bureaucratic systems of the past so that it can establish management methods that establish in the behavior of public work imperative concepts of quality, productivity and responsibility employees, according to Pereira and Spink (1998, p. 23-24).
Citizens demand much more from the state than the state can offer. In this case, the function of an efficient public administration becomes strategic value, reducing the gap that separates social demand and the satisfaction of this demand. The goal is to build a state that responds to the needs of its citizens; democratic state, in which it is possible for politicians to monitor the performance of bureaucrats and they are required by law to account for them, and where voters can monitor the performance of politicians and they are also required by law to Account.
The above-mentioned authors declare that the bureaucratic crisis of Brazilian public management originated in the military regime, in the face of patrimonialism that prevented the consolidation of a professional bureaucracy recruiting managers through state companies. The Magna Carta of 1988 disparaged the new guidelines of public administration.
The constituents and, more broadly, Brazilian society, revealed at this moment an incredible lack of ability to see the new. They realized only that the classical bureaucratic administration, which had begun to be implemented in the country in the 1930s, had not been fully established. They saw that the state had adopted decentralizing strategies – the municipalities and public foundations – which did not fit the classic bureaucratic-professional model. They noticed that this decentralization had opened space for clientelism, especially in the states and municipalities – clientelism that had increased after the redemocratization. They did not realize, however, that the more decentralized and flexible forms of the administration, which Decree-Law No. 200/1967 had enshrined, were a response to the need for the State to efficiently manage companies and social services. And they decided to complete the bureaucratic revolution before thinking about the principles of modern public administration. In acting like this, they apparently followed a linear logic compatible with the idea that first it would be necessary to complete the mechanical revolution to only then participate in the electronic revolution. (PEREIRA e SPINK, 1999, p.246).
Many political science scholars define the importance of adopting, by the state’s public machine, the effectiveness of the private sector and the use of concepts such as quality and agility in providing their services. In this context, actions range from the privatization of public organizations to the adoption of a hybrid method of administration, supported by Ferlie et al (1999).
According to Ferlie et al (1999), the suggested hybrid method is not reliable or logical, but could operate observing two elements: tax collection and the private market.
An analysis prepared by the Inter-American Development Bank – IDB demonstrates the time, money and productivity wasted in the face of bureaucracy in Latin American countries. The lack of investments undermines increased speed in public services. Online procedures take 74% less than face-to-face procedures to complete and generate a lower cost, also digitizing documents, and decreasing the incidence of corruption. “The average for a single procedure is 5.4 hours, but some nations may have calls that take more than 11 hours.” (IDB, 2018, p.4)
Bureaucratic procedures are difficult in the region: they are slow, susceptible to corruption and end up excluding people with fewer resources. Many of them are still face-to-face and involve paper documents. Citizens waste time going from counter to counter and, in many cases, end up paying bribes to servers. Companies lose productive hours and, with them, part of their competitiveness. The State is lost amid complex and manual procedures and cannot connect public policies to the intended beneficiaries (IDB, 2018, p.2 )
The expense of face-to-face care costs up to 40 times more than a computerized service to the government. Brazil is one of the countries that employs more innovative technologies in the public sector. Unfortunately, it is still not enough to reach the European Union, for example, which has 81% of computerized services. With regard to quality, in Latin countries it is far below what is expected. Only half of the procedures are resolved in a single interaction with the public agency and 25% of them require three interactions or more, which generates a great cost when accessing basic services such as education, health, tax payment and obtaining a birth certificate (FERRARI, 2018)
In this context, “Brazil requires on average 5.4 hours to solve bureaucratic procedures” (IDB, 2018. p.4). Antagonistic ideology that the state must operate as a private company in the provision of services are Osborne and Gaebler. The authors highlight the divergences between public and private institutions, which is in line with the use of a single method of administering.
The government is democratic and open; so their movements are slower compared to those of companies, whose administrators can make quick decisions behind closed doors. The government’s fundamental mission is to ‘do good’, it’s not ‘making money.’ […]. These differences lead to a conclusion: one cannot govern as who runs a company, although there are certainly many similarities between the two activities. (OSBORNE e GAEBLER, 1994, p.22).
These authors state that any institution, public or private, may undertake or be bureaucratic. In Brazil, public entities are extremely bureaucratic, which makes administrative procedures time consuming, reduces productivity and increases corruption (LAHÓZ, 2003).
In a survey conducted by the World Bank in 133 countries on government bureaucracy and its effects on the economy, it clarifies that time is a factor more relevant than costs. According to Rita Ramalho, director of the World Bank “Lost time with bureaucracy costs Brazil more than taxes. A simplification of the current tax system to facilitate the life of the taxpayer” (LIMA, 2017)
In a weighting ranking, Brazil is considered one of the most bureaucratic, taking 80 days for the progress of the whole process.
covers the historical analysis of the modern state and argues:
There is modernization, one cannot deny, but it is a modernization called conservative. It is the one that Getúlio Vargas did, to which the military also did, a modernization that comes from above, where the state is extremely powerful. In the current Brazilian case, as worldwide, also, what is at stake is this state reset. It is a state that needs to be rebuilt parallel to the solid construction of a society. In the specific case of Brazil, the State needs to be rebuilt, but it is clear that we urgently need to build a society. Not wanting to be pessimistic, this will not happen in a magic pass, it did not happen or happen anywhere in the world; and it’s good that it doesn’t happen, because if it happens it’s a sand castle that’s going to collapse at any time. But it is necessary to build this society, although it takes some time, it does not matter[…] . (PINHO, 2001p. 37)
Caio Marini (2003) in his work “Public management: contemporary debate” deals with sustainability in the way of state administrative modernization and elucidates:
[…] the contemporary debate on[…] public management issues seems to reaffirm some of the basic principles of the current agenda, such as: citizen focus, transparency, social control, awareness of fiscal responsibility, the guidance of management for results, ethics and professionalization of the public servant. The great challenge is to ensure the irreversibility of the transformation process from the strengthening of successful initiatives and the realignment that is necessary for the incorporation of emerging themes. (MARINI, 2003, p.82).
According to Roesler (2017), public organizations are not functioning because it does not meet neoliberal claims. The Executive Branch and the National Congress have been working together to try to implement reforms that favor Financial Capital without paying attention to the interests and needs of the population. Also according to the magistrate, the reforms are a setback in several aspects and complements: “The legislative horizon is to promote more social setbacks through “reforms” that undermine the dignity of the Brazilian citizen.” (ROESLER, 2017).
The neoliberal perspective determines that everything can be privatized, which has been happening with several public companies and the country’s heritage. In the face of the Judiciary, the magistrate reports the indecision of judges today who apply an “alternative justice” to the detriment of the Federal Constitution and the Public Prosecutor’s Office acts selectively under the pretext of combating corruption and safeguarding the public security (ROESLER, 2017)
It is noted, in summary, that the degradation of the image of public organizations is not a current problem, but that persists and increases in the face of government benefit policies. This methodology has realized a negative reputation for governments and governments. This scenario harms serious and honest men who enter politics in order to change the situation gradually. Here is the diseducation of the population, which cannot differentiate ethical from the unethical.
3. THE THEATRE AND THE RIGHT
It is considered theater as an artistic species, and art as an self-sufficient movement, related to pleasure, and reflection. The tragedy, since the beginning of time, has the character of civic ritual as a social gathering that denoted the public life of Athenian pólis in the 5th century.
In the face of a selective analysis focused on understanding it is possible to point out some means of correlation, the legal experience of the Athenian courts. It is necessary to recover two categories: the processes elaborated and the subjects inserted in the pieces. With regard to the proceedings, there is an analogy between the means found to ensure the performance of tragedies and the procedural actions of the Athenian courts.
According to Roland Barthes (1990), it is essential to drastically underline the civil character of Greek theater, above all of the tragedy, since it was the city that provided it with its essence. The description of tragedy as a supplement of the dynamics of pólis occurs, according to Barthes (1990).
The tragedies were all commemorations to praise the god Dionysus and the theater was destined for worship. To decide which group would present the tragedy in the celebrations was made a contest, where the archonde, officer of the pólis, was responsible for preparing actors in front of a group of jurors who decided, after the staging who would act in the tribute.
Choreography was a patronage attributed by wealthy citizens to mount tragedies. After the decision of the competition the archonde, it designated coregos. Complements (BARTHES, 1990, p.71) “Financial charges were heavy: it was up to corego to rent the rehearsal room, pay for the equipment, provide drink to performers, pay the daily remuneration of artists”.
Théôricon was a kind of support provided by pólis. The performances were originally free, however, the number of viewers gradually increased. In this context, two obolos per day of barthes show (1990) began to be charged. All these procedures for choosing, sponsoring and assisting the piece represents direct control of the plyólis through its organizations and representatives.
In parallel, some conduct adopted by the Athenian courts in the 5th century is verified to solve the demands. Citizenship was extended only to free adult men born in the city in Athenian families determining that children, women, foreigners and slaves were automatically excluded. It is observed that the courts were exclusive to Athenian citizens. Likewise, the rule was the tragic pieces: poets and actors were Athenian citizens.
Several elements employed in the tragedy contest find corresponding procedures in the courts. Helio, the main Athenian court, as in the tenders, was composed of ten citizens of Athens, with an annual mandate, in a procedure conducted by the assembly and prepared for trial by one of the archers. (FINLEY,1991)
The trials were public and held in an open space with oral presentations from both parties, without lawyers or prosecutors and the decision was up to the citizens present. (LOPES, 2000)
When Athenian political institutions began to centralize key discussions and issues relating to the future of plyólis, citizens began to worry about aristocracy, wealthy citizens who could attend entities daily without prejudice to their remuneration. To universalize the participation of the people, Athens took measures such as mistoforia, which was similar to théôricon: the daily work was paid to citizens to attend the sessions of public agencies.
Controlled by the city and exercised in public places (SEGAL, 1994). Both were prepared by magistrates of pólis, lacked a draw to compose the jury, were exclusive to citizens, in addition to the payment for the attendance of the less favored classes, as determined by Vernant and Vidal-Naquet (1999).
In the concept of Barthes (1990), the purpose of agon is to mediate conflicts impartially. Through tragedy, the city itself questions itself about civic and anti-civic values. (VERNANT E VIDAL-NAQUET, 1999)
Similarly, tragedy discusses dilemmas surrounding deliberation, according to De Giorgi (2006). Such dilemmas are presented to the public and resolved on stage, while the city faces deliberations at all times. The tragedy provides a question about his own identity, in the face of strife, impasses and ties. The said author adds: “The myths presented in tragedy do not already reflect the traditional values of a remote era, idealized. On the contrary, they become the battlefield of the inner struggles of the city” (SEGAL, 1994, p. 195).
It should be noted that at the heart of the plot revolves around the deliberation. Philosophers such as Goethe, Hegel and Lacan rescued the disagreement of doubt. (ROSENFIELD, 2006). The examination of the play encompasses several dilemmas such as: the rivalry between the law of the gods, and the law of men, supported by Creonte; the separation between civilization, and nature; political conflict, to prevent the continuation of the kingdom of the dynasty of cadmeus. (ALMEIDA, 1997). This piece presents a moment of transformation of the Greek religiosity itself and the reminiscence of mythological narratives, favoring a government based on human criteria and logic.
It employs mythical narratives as a tool to externalize essential issues of politics and law. The primary entities of democratic plyólis, according to Rosenfield (2006).
The teaching of the law is full of habits and prosaceous, such as hazing, monitoring, the simulation of the jury court, among others. The boundary between law and theater is in the staging. While the theater exposes matters of law, mainly focused on human rights, the techniques of the performing arts are pedagogical tools to assist in the resourcefulness of the future bachelor of law.
In the area of criminal law, it is when the bachelor most recognizes the theater, because there is the simulation of judgments such as the Courts of the Jury, to exercise the techniques of legal retoric, which encompasses the oratory, intonation, facial expression and movement in space, which resemble theatrical staging techniques.
The script written by actor Thiago Scalia in conjunction with Judge Henrique Macedo de Oliveira in 2002 refers to the dictatorial era commanded by Getúlio Vargas between 1930 and 1945. The play sought to focus on human rights violations.
Chaired by Katia Bizzinoto in 2014, the Culture Commission, actress and theater director originated, with the aim of expanding efforts to establish cultural rights among Brazilian fundamental rights, through the following guidelines: contribution to forming cultural citizenship; promote activities focused on cultural themes; to cooperate and influence the projects of laws for cultural purposes and enable exchanges between art and law.
In Rio de Janeiro, the federal educational institution, through incentives and partnerships has the Jurisdrama program that aims to raise awareness and defend individual and collective rights, an action that, through theatrical courses and representations, encompasses reflection on legal, social and economic issues, meeting the requirements of university extension, based on teaching and research.
Law and theatre have been in parallel since the 5th century, when tributes to the God Dionysus, god of joy, fertility and concealment were praised with chants and stagings. Such representations transappeared the character of judgment employed in the courts through their stories, allowing the people to express their opinion on community affairs.
There were competitions for the choice of groups that would present themselves in the celebrations, as well as the council that would judge a certain demand. Among other characteristics, theater represented the social character of certain situations analyzing laws as fair or unfair and observing human rights. Currently, the teaching of some techniques of the performing arts is introduced in a higher education institution increasing, thus the experience of the student in his future profession allowing his performance in simulations of the jury court, for example, in addition to other actions that, through the theater seek to elucidate legal issues, Covering the analysis, there is the film “The Breakdown of Time”, a film that portrays the reality of many public offices.
The crisis facing the state and the credibility of those who manage various public organizations required internal reconstruction to ensure ownership of contracts, in addition to assisting economic coordination in the market and reducing inequalities Social.
From here, public entities were analyzed, as a focus on foundations and sought to examine the State Reform Plan, established in 1995. The Brazilian Public Management has undergone major transformations over the last decade seeking greater effectiveness of public services. The reform plan approach aims to make the state machine faster, flexible and ready to meet social needs with a managerial challenge. The main function of that plan is to present basic principles so that the objectives of expanding state governance restrict state action to those functions which are their own move from the Union to municipalities local activities, and partially transfer from the Union to states regional activities can be fully established.
The reform of the public sector in search of quality in the provision of services proposed the decentralization of some public organizations and to implement this deconcentration, changes were needed in the execution of the activities carried out by the servers Public. Among the guidelines that guided the purposes determined by the reform is the reorganization of public entities and a change in standards. This proposal seeks to redefine omissions and actions of the State and achieve significant changes in the management of public entities, according to Silva and Fadul (2010).
The crisis facing the state and the credibility of those who manage various public organizations required internal reconstruction to ensure ownership of contracts, in addition to assisting economic coordination in the market and reducing inequalities Social. Globalization has made it relevant to redefine public services. Inwardly the global incorporation of markets and productive modes, states had as one of their basic goals safeguarding their economies of international competition. After the globalization process, The State could not maintain this stance, but adopt a strong internal economic system that makes it internationally competitive.
First administrative reform, based on the basis of professional merit. Bureaucratic public management was established to replace patrimonialist management, which characterized absolute monarchies, which did not differentiate the limit. In this model of administration, the state was the property of the king, as well as nepotism and corruption was common.
This type of management is antagonistic, it is imperative for capitalism to separate the State and the market and democracy only exists when civil society differentiates itself from the State and, at the same time, controls it. It was necessary to develop an impartial administrative form, in this context arises to modern bureaucratic management.
Gradually, the foundations of the new public administration were designing the basis for political decentralization, with the transfer of resources and prerogatives to regional and local political areas; administrative decentralization, through the assignment of authority to public managers transformed into autonomous managers; entities with smaller hierarchies; assuming limited trust; and evaluation by results.
The reform instituted by Decree Law 200/67 was an effort to overcome bureaucratic rigidity, and can be considered as the first management management in Brazil. The core aimed at decentralization in the face of the autonomy of indirect management. The organization, budget, deconcentration and evaluation of results were established as the basis of administrative rationality.
In the decentralized bases, celetistas employees were used, subordinated to the private contracting system. The period favored the expansion of public companies. The flexibility of its management was sought to be a greater effectiveness of the state’s economic practices, and the strengthening of the political pact between state, civil and military technology bureaucracy, and the business sector.
This decree had two unexpected results. By consenting to the hiring of employees without public tender, it facilitated the maintenance of patrimonialist practices and did not hold competitions or career plans. The strategic center of the State was worn out, favored the hiring of the high levels of management through state companies. The reform attempt created by Decree Law 200 failed. In the 1970s, the crisis of the military regime further aggravates the landscape of public management, while state bureaucracy is recognized with the authoritarian model in the process of degeneration.
The democratic transition in 1985 did not present a favourable horizon for state machine reforms. On the contrary, it meant a return to previous bureaucratic ideologies in the administrative sphere, while in the political sphere, it represented a return to populism. At the beginning of the democratic regime, the fiscal crisis and economic intervention were disregarded, the import exchange system was maintained and salaries and public spending increased, factors that led to the failure of the Crusader Plan. Subsequently, there was an attempt at fiscal adjustment that was frustrated by the lack of support of Brazilian society. At the same time, the conservative political coalition in Congress established a populist and patrimonialist policy.
The 1988 Constitution was a consequence of these contradictory movements. The Magna Carta is a response to populism that goes back with democracy, as well as realizing the foundations of archaic and bureaucratic public management with centralized, hierarchical and inflexible public management. Society and constituents presented a lack of capacity to innovate, since they did not notice the decentralized and flexible models enshrined in Decree-Law 200 as a result of efficient state management.
The bureaucratic setback brought by the 1988 Constitution was an attitude of resistance to clientelism that plagued the country at that time, but also ratified the corporatist and patrimonialist privileges opposed to the bureaucratic ethos. These elements favored the degradation of public management in Brazil, although the competence and honesty of Brazilian public administrators are notorious.
Fiscal and interventionist instability originated from 1987. Only with hyperinflation during José Sarney’s term society realized the severity of the crisis, in citing measures, in the negotiation of equalizing the economy, the attention of Fernando Collor’s government gained, in this troubled period occurs to commercial openness, with privatization. Fiscal adjustments gain permanent guidelines and the country achieves a wide cancellation of domestic public debt.
In the context of public management, the reforms have taken a different course. This failure was mainly due to the clumsy attempt to reduce the state machine, exonerating officials and closing organs, without reoccupation with the legality of the measures. There was a salary reduction of the servers and disorganization of the existing bureaucratic structure, dishonoring public servants, recognized by corporatism (protection of interests in a group as if representing the interests of the nation).
The Itamar government, (post-impeachment), with the difficult mission, in the face of a scenario, of Recession, discredit, lack of confidence in the Government, (internal and external), suffering the consequences, of ineffective management. In its first year it had the technical capacity of the economic team of the Ministry of Finance at the time, along with the desire to rebalance public accounts and market trusts and people. Thus, actions based on scientific studies begin, caused the origin of the career of public managers, who specialized in Public Policies and Government Management.
Public service has become more ineffective, more costly and autonomous. The split was prepared not only by the patrimonialist model, but also by the imposition of a unified legal system, with the exoneration of celetists and the constitutional assertion of a rigid stability model, where the evaluation of server performance This stability of public functionalism is an inherent aspect to bureaucratic management and was established in order to protect the servants and the State itself. In Brazil, during the imperial period, when a government was deposed, many trusted officials, in addition to other ordinary people lost their positions.
Stability, however, has a cost, preventing the adaptation of the server framework to the true needs of the service. On the other hand, it made it impossible to introduce an effective public management regime based on a model of incentives and punishments.
Three relevant factors were addressed that influence the degradation of the image of public institutions, such as corruption, Brazilian culture and managerial inefficiency.
Brazilian education has always been precarious, since it aimed at the diploma and not knowledge. The culture of indians and blacks was constrictand these were not allowed to learn, this divergence between advanced political abstraction and the delay of the environment, demonstrated the point of cultural disorientation inherent to peoples with colonial antecedents.
In the middle of the 21st century, Brazil has an illiteracy rate of 7% among people aged 15 years or more according to IBGE data (OLIVEIRA, 2018). An index still far from those presented by developed countries and some in development. The panorama of diseducation of the Brazilian population prevents greater interference in the deliberations of the system, however society gradually awakens, perhaps by the advent of the Internet or by tiredness in the face of educational imbalance.
Corruption is one of the most commented issues today and is considered by scholars a moral and ethical issue. Bezerra (1995) conceptualizes corruption as a “phenomenon of a structural nature, rooted in our social formation, our habits and customs”. According to the said author, in order to solve the issue, stricter and more ethical moral standards should be established. From a sociological point of view it is imperative to examine that by benefiting from moral principles as a basis for this phenomenon, debates on social conditions that help for the subsistence and renewal of corruption in the country are abandoned. (BEZERRA, 1995). To change this panel, the action of the whole society in the confrontation against corruption is very relevant. The constant social effort and condemnation of corruptors can employ major changes to reduce or even eradicate corruption in the country (STUKART, 1988).
Regarding managerial inefficiency, it is worth mentioning that management methods should establish important values such as quality productivity and responsibility. As seen earlier, the bureaucratic crisis of Brazilian public management originated in the military regime, in the face of patrimonialism that allowed the recruitment of managers through state companies. There are divergences between employment by the state’s public machine of the hybrid administration system, that is, entities that provide services with the support of tax collection, but also with private sponsorship. Added to this is the bureaucracy that involves public organizations. The lack of investments in technology impairs increased speed in public services, since online procedures take 74% less than face-to-face ones to complete and generate a lower cost.
A brief analogy between theater, its characters and public institutions. Public organizations are parts without a defined script, since the policies established change their operations. In search of the public, the actors try to do their best, but are prevented by infrastructure issues, since the increase in speed in functionalism is confronted with bureaucracy that hinders users. On the other hand, the director finds himself tied hands as he should bow to the sponsors. Managerial inefficiency is also a consequence of the policies instituted by the State and all the procedures that the head of a public institution faces to achieve better working or revenue conditions.
The most important thing is that this piece should be kept on display, with a defined script, good and efficient actors, with constant sponsorship and satisfied spectators, regardless of the time.
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 Bachelor’s degree in Public Administration 7th period and Technologist in Public Management.
 PhD in Graduate Program in Sociology and Anthropology. Master’s degree in Social History. Specialization in history of Africa and black in Brazil. Graduation in History.
Submitted: November, 2019.
Approved: January, 2020.