O mítico princípio da supremacia do interesse público sobre o interesse privado: uma análise sob a perspectiva do/a cidadão/ã precário/a/

Abstract

The purpose of this dissertation is to contribute to the critique of the principle of "State, Development and Social Inequalities" of the Interdisciplinary Postgraduate Program in Social Policies and Citizenship of the Catholic University of Salvador (PPGPSC/UCSAL). The epistemology of this dissertation overcomes a legal theoretical orientation, even those that deny the principle in vogue as a state axiom, because our understanding is that any and all cognition performed within the juridical field reflects the same episteme in the face of a mirror. The narrative is interdisciplinary - traversing a sociological, philosophical and anthropological bias - in which law is seen as an idea that "man" adopts for the preservation of an order in which the dominant social force is perpetuated and maintained by the institutionalization of State, an institution that was not created for the realization of the common good but to legitimize the force of capital that dialectically distances the principle of the Supremacy of Public Interest over the Particular Interest. For that, we used a qualitative methodology through a bibliographical review, whose theoretical foundation is proven by the empirical basis through case studies, representative of the period 2014/2016, in which the author acted as Public Defender of the State in the sponsorship of the interest - the need for precarious citizens when their commercial boxes were demolished by a municipal management act because of the "Public Interest Supremacy over Private Interest".