The (in)visibility of minorities in the construction of public policies: democracy and effectiveness of fundamental rights in the context of the new face of public administration and LGBTQ+ populations

Abstract

This article analyzes democratic theory in the formulation of public policies aimed at the LGBTQ+ population, seeking to assess whether administrative management in the context of (good) public administration adopts participatory dynamics as an indispensable element of legitimation. This paper examines the constitutionalization of Brazilian Administrative Law, a phenomenon that reinforces the need to guarantee rights of minority groups; the State’s duty to listen to all its people, and, finally, a monitoring system in order to track state practices. Whilst researching this topic, this paper examined that LGBTQ+ groups were invisible in public spaces, even after the enactment of the Brazilian Constitution in 1988. Only in recent years have minority groups been given more spotlight, specifically because of the expansion of social movements. Contrary to the popular belief that Brazilian society aims to ignore LGBTQ+ rights in publics spaces, the Brazilian LGBTQ+ population is increasingly occupying public spaces traditionally reserved for privileged groups of society. This movement provides legitimacy for public policies and guarantees the democratic rule of law.