Consensus public policy in a moment of crisis: How regulatory arrangements enable creative solution?

ABSTRACT

This article analyzes how normative arrangements can enable creative consensus solutions involving the Government in times of crisis, based on the possible increased conflicts resulting from public policies in the period during and after COVID-19. The aim is to verify if Brazil has a consensual normative arrangement that allows an adequate and agile response to a high number of conflicts, considering normative structures from three countries that have become the epicenter of the crisis Italy, Spain and the USA. For this purpose, data were collected on the regulation of consensus in Brazil compared with the legal system of the three other elected systems as well as a bibliographic analysis that concerns to the dogmas that prevent consensual numerical advance in disputes involving the Government. Lastly, it aims to address how an interruption in legal reasoning can contribute to solutions used in a period of crisis.