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PUBLIC POLICIES AIMED AT THE SEA: A LONG

WAY ALREADY STARTED

André Panno Beirão

1. Introduction

The thematic of Public Policies has in- other ways, one can resort to the concept of

creasingly grown on the national agenda, another science, which is quite correlated,
whether in more technical spheres, or even which is Law. Basically, Law is a post-factu
in public opinion, often expressed by the science; in the face of the social fact that is
press. However, despite being frequently imposed, society resorts to its social pact to
cited, there is seldom a clear definition of regulate what it can (positive law) or what
what is understood by Public Policies. Some- it cannot do (negative law) (CANOTILHO,
times, they are understood as “law that 2007). For example, it was not envisaged
deals with the subject”, other times, “how to regulate marital separation before the
the public sector acts in a certain sector”. In actual conjugal union. First, reality imposed
other words, it ends up on the list of diffuse itself and the law had to move to regulate.
and abstract concepts in the national imag- Therefore, associating the concept of Public
ination. It shouldn’t be like that. When one Policies, in a restrictive way, with that of law,
intends to study Public Policies and their saying that it is the set of laws that regulate
effective instruments, one must under- a certain subject, is inappropriate. In fact,
stand their delimitation and their scientific it can be understood that Public Policies are
character. Even in the academic perspec- focused on the present/future, that is, they
tive, it is a recent topic that Brazilian stricto are more associated with the “should be”.
sensu graduate programs – respected for They are the manifest will of how a certain
their credibility and scientific criteria – have subject or activity is intended to be estab-
been focusing on for just over a decade. lished for the benefit of society. Therefore, if
In fact, to understand what is included in they only related to laws, they would always

the concept of Public Policies (PP), among be doomed to look more to the past than to

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Public Policies Aimed at the Sea