What did we lose along the way from a provider state to a subsidiary state

Abstract

The main objective of this article is to critically analyze the Constitutional Amendment Proposal (PEC) 32/2020, which proposes an administrative reform in Brazil, especially concerning the inclusion of the principle of subsidiarity in the original text. This study adopts the deductive method, with a bibliographic technique, based on an analysis of legislation, doctrine, and the historical context of the country’s administrative reforms, specifically focusing on the managerial reform of the 1990s. Results reveal that, although the principle of subsidiarity was eliminated from the final text, its essence remains present in the PEC 32/2020 proposals, which promote a model of a subsidiary State aligned with neoliberalism, characterized by the reduction of state action and the precariousness of public servants’ guarantees. This research highlights that the managerial reform, implemented under the justification of modernization and efficiency, failed to strengthen the State’s regulatory supervisory role, relying excessively on a weakened civil society and control mechanisms focused exclusively on results. The conclusion of this study points out that the formal exclusion of the principle of subsidiarity does not eliminate the risks of a subsidiary State’s taxation, and that PEC 32/2020 is incompatible with the Social Status model provided for in the Federal Constitution of 1988.