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Urban policies, citizen engagement and deliberation in contemporary Brazil: the

case of a ZEIS Deliberative Council in São Paulo

Paper for the IPSA 23rd World Congress of Political Science, 19-24 July 2014, Montreal Presented in Session MT06 Urban and Regional Politics and Policies, panel MT06.198

Citizenship and Regeneration Policies in Urban Areas

Mr.Leonardo Barros SoaresDepartment of Political Science, Universidade Federal de Minas Gerais Faculdade de Filosofia e Ciências Humanas - FAFICHAv. Antônio Carlos, 6627 - PampulhaBelo Horizonte - MG 31270-901(31) 3409-5004E-mail: leobarros.prodep@gmail.com

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This paper is the result of our master presentation and approaches a contemporary discussion on urban public policies in Brazilian cities, seeking to specifically analyze the political science in which in our opinion, the intersection of the different steps for the planning of instruments to regulate the use of urban soil and democratic city management are materialized: the Management Councils for the Areas of Special Social Interest (ZEIS).

The case analyzed in this study is the Management Council of the Special Social Interest Area of Nova Luz, in São Paulo. The SP capital has a relevant history of citizenparticipation experience. Its associative tradition dates back to the 50’s, in the XX century, with the appearance of the SABs (Friends of the Neighborhood Associations). In the recent past, the megalopolis developed important Participative Budget1

experiences (including a version that offered the possibility for children and adolescents to participate in the deliberations) and the institutionalization of public policy councils2

(AVRITZER, 2004; AVRITZER and SANCHES, 2004). Our work and research path led us to analyze in detail the case of the

deliberative process carried out by the Nova Luz ZEIS Management Council in São Paulo between June 21, 2011 and March 07, 2012, also considering in the analysis the minutes related to the meetings held before this institution started to operate. Seeking to widen the scope of analysis of the deliberative processes, we opted for building a theoretical profile that highlights not just those indicators usually evaluated in other works of this nature but also a conceptual reference that highlights the discourse as an integral part of the public sphere. Therefore, we intend to describe the extent to which councils and other participants of deliberative sessions express their demands, present proposals, generate debates, make politically interesting speeches, engender meta-consensus and can finally be judged as actors of discursively legitimate processes. We analyzed 21 minutes transcribed from this council’s sessions and made an assessment based on a combination of analysis method elements of classic content and of French discourse analysis.

The Nova Luz Management Council, the institutional scenario in which the analyzed deliberative dynamics took place is located in the São Paulo city center, the largest city in Brazil and in the southern hemisphere, with almost twelve million dwellers and a GDP over 400 billion Brazilian reais3. This huge, complex and multifaceted urban scenario is the greatest exponent of the growth process of Brazilian cities during the XX century. Contemporary Brazil is essentially urban (BRAZIL,

1 Avritzer (2004) and Avritzer and Sanches (2004) affirm that the São Paulo Participative Budget included the participation of more than five hundred thousand people involving more than four billion reais in resources between 2001 and 2004. Its child and adolescent version included more than one hundred and fifty three thousand participants in its last year (2004). 2 Avritzer (2004) and Avritzer and Sanches (2004) present data related to the institutionalization of public policies councils in the SP capital between 1989 (Luiza Erundina administration) and 2004 (Marta Suplicy administration). In that period, at least 24 institutions of this kind were created, besides the already existing ones. 3 The city of São Paulo is the “urban theatre” on which the meetings analyzed in this study take place. It is not our goal to get inside the details of countless urban issues that challenge the São Paulo municipal administration. However, we believe that in order to understand its social, political, financial and geographical character, it is important to highlight the seminal work of Milton Santos (2009), who in 1978 defined the city as a “fragmented corporative metropolis” in which he highlights the role of the stateas the promoter of private interests. Besides, in another perspective, Caldeira (2000) shows the logic of spatial segregation related to the growth in the SP urban violence statistics. These are just two of the works that approach some of the many aspects of the SP urban problematic.

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2010; BRITO, HORTA and AMARAL, 2001). According to IBGE data from the 2010 Census, 84.36% of the Brazilian population lives in urban areas, an increase of 3% from the previous 20004 census and more than 74% if compared to the early XX century, when only 10% of Brazilians lived in urban areas. A large demographic growth associated to a rapid urbanization in such a short period of time provoked a disorganized land occupation, thus producing a division between the “legal city” and the “suburban city”, marked on each square meter, as described by Maricato (2011). The process involved excluding and authoritarian practices typical of the Brazilian State, as well as the personalism, patrimonialism and clientelism applied to public affairs and reminiscences of the patriarchal and enslaving traditions of the elite (FIX, ARANTES and TANAKA, 2003).

We should also remark that social movements related to housing issues and the fight for urban right provoked a “long-term mobilization” (AVRITZER, 2010b, 2010c; SILVA, 2002) in the Brazilian civil society during the times of the National Constituent Congress of 1998, eventually resulting in the approval of Law 10.257/01 in 2001, known as the City Statute5. Considered an important advance from the point of view of the regulatory framework of the Country’s urban policy, the Statute focuses its legal aspects on the role of the Municipal Authority to formulate, implement and monitorurban policies.

In short, the path followed by urban planning in Brazil adopts a framework that goes from technocratic and “cool” concepts to the concrete urban contexts of the early XX century and the conception of an urban planning that is closer to local city contexts. As it delegates the power to elaborate and apply Master Plans to the municipalities, including not just the general guidelines but also the technical demarcations necessary to the territorial organization of the cities, the City Statute seeks to give room to anurban planning that is sensitive to the specific demands of the context in which they are to be applied.

Next, we will address the historical and legal scope that subsidizes the application of the urban instrument called Special Area of Social Interest (ZEIS) in more detail.

1 Special Areas of Social Interest: historical and legal delimitation of the concept.

The legal strictu sensu definition for the ZEIS may only be found in Law 11.977/096, which stipulates the guidelines of the Minha Casa Minha Vida7, (My Home, my Life Program), understood as a part of an urban area instituted by the Master Plan or defined by other municipal law “predominantly aimed at low income population housing, and subject to specific land use, division and occupation” (art. 47, §V).

4 Data available on http://www.ibge.gov.br/home/estatistica/populacao/censo2010/default.shtm (Access on 09/04/2012).5 The city Statute represents the materialization of the efforts made by different social actors involved in the regulation of the constitutional chapter on urban policies. One of its backbone concepts is about the land’s social role, a paradigmatic change in relation to the juridical norms prior to this legal diploma that states the aim and wide scope of the raison d’être of cities and urban property. For a deeper discussion on this concept, please refer to Mattos (2001, 2002) and Vichi (2007).6 Available at http://www.planalto.gov.br/ccivil_03/_ato2007-2010/2009/lei/l11977.htm7 The Minha Casa Minha vida Program - PMCMV seeks to create mechanisms to encourage theproduction, purchase and requalification of urban or rural housing units for families with a monthly income of up to R$ 4,650.00 and it involves the following sub-programs: National Urban Housing Program (PNHU) and National Rural Housing Program (PNHR). Available at http://www.planalto.gov.br/ccivil_03/_ato2007-2010/2009/lei/l11977.htm ( accessed on 19/08/2013).

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The Ministry of the Cities (BRAZIL, 2009), applies the following basic typography8 to describe the different forms of Special Areas of Social Interest:

ZEIS type I: related to precarious settlements already installed, typically with self-built homes and low-income families.

ZEIS type II: empty or sub-used areas, properties and land with adequate conditionsfor the development of Social Interest Housing9. They are particularly interesting because they constitute a reserve of public land that may be used by the municipal administration for the production of housing aimed at the low-income population.

In a general panorama of intense variation among the different instruments of urban policies foreseen in the City Statute10 Master Plans, we can highlight an expressive growth in the application of ZEIS as an urban instrument, especially since2005. Graph 1 shows an increase of 145% for municipalities with more than 20,000dwellers, which have the legal obligation of elaborating a Master Plan.

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8 It is necessary to remark that the authority entitled to elaborate the urban zoning is the municipal administration. In this sense, we can mention the case of Law 13.430/02. The São Paulo strategic Master Plan on which we focus our study is illustrative; in subsections II, III and IV of chapter II, it admits, besides level 3 ZEIS – in which it deals with “areas with a predominance of sub-used land or buildings located in areas with infrastructure, urban services and job vacancies or that are receiving investments of this nature, where there is public interest expressed by this Law, regional plans or specific law to promote or widen the use through the Social Interest Housing - HIS or the Popular Market - HMP, to improve housing conditions for the local residents and 4- aimed at glebes located in springs areas - the so called Recovering Industrial Areas - (ZIR), Special Areas of Environmental Preservation (ZEPAM), Special Areas of Cultural Preservation (ZEPEC) and Special Areas of Agricultural Production and Mineral Extraction ZEPAG). Available at thttp://ww2.prefeitura.sp.gov.br/secretarias/desenvolvimentourbano/plano_diretor/integra/formato_do_arquivo.pdf ( accessed on 25/08/13)9 The concept of Social Interest Housing articulates two conditioning categories for the definition of the target population for which standard housing is established: the first one is related to the families with an income that does not exceed six minimum wages and the second is adaptable to the municipal reality but usually has a small usable area. (Brazil, 2009).10 The City Statute foresees the following as instruments of public policies: 1. The national, regional and state plans for land reorganization and economic and social development; 2. The planning for metropolitan regions, urban conglomerates and micro regions; 3. The municipal planning, which includes the master plan, the distribution policy and land use and occupation, as well as the environmental zoning among others; 4. The taxation and financial instruments such as IPTU, betterments, fiscal incentives and benefits; 5. The juridical and political regulations on heritage, surface rights, building and construction rights, urban operations made through consortiums, the establishment of Special Areas of Social Interest, etc; 6. The prior study of the environmental impact (EIA) and previous study of the neighborhood impact (EIV) (BRAZIL, 2001).

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GRAPH 1 – Evolution of Special Areas of Social Interest in Brazil from 2001 to 2009; total of municipalities under obligation of elaborating a Master Plan.

Source: SANTOS JÚNIOR and MONTANDON, 2011, p. 32.

It is worth highlighting that there is no direct correlation between the establishment of ZEIS and the people’s participation in their management. The legal documents that rule its use in the juridical-normative environment of the urban national policy merely recommend this association, however granting the municipal authorities the possibility to regulate the forms and mechanisms for population access to land regularization and territory management plans (FERREIRA and MOTISUKE, 2007).Besides, despite the considerable progress in the application of popular participation in urban policies through the creation of the City Councils and the periodic organization of Conferences in the three areas of public administration, participation is still basically opinion-based. (SANTOS JUNIOR and MONTANDON, 2011).

The countless experiences of the Participative Budget since its first appearance in Porto Alegre during the eighties until its expansion to other countries in recent years (both in Brazil and abroad it has been the object of deep analysis for more than two decades) it now includes a vast literature on its democratizing and distributive effects, its internal dynamics and institutional and political characteristics, which we shall not discuss in detail here, as we understand that such analysis would exceed the scope of this study (for a short bibliographic discussion, please refer to, inter alias, AVRITZER, 2002, 2006, 2007a, 2007b, 2007c, 2009a, 2010a; AVRITZER and ALMEIDA, 2009; AVRITZER and NAVARRO, 2003; AZEVEDO and FERNANDES, 2005; AZEVEDO and NABUCO, 2009; FEDOZZI, 1997; GENRO and SOUZA, 1997; GRAZIA andRIBEIRO, 2002).

The public policies councils work as participative institutions based on the representative logic, but they also imply the existence of inclusive deliberations, the communication of their decisions and the autonomy with regards to their internal structure. Contrary to institutions designed for massive citizen participation, as foreseen by the aforementioned Participative Budget, the councils are designed to favor the face to face interaction of citizens in a collective process of public arguments. In this sense, they favor the participation of a lower number of individuals and at the same time, they

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are supposed to offer a deeper exchange or argumentative issues and public defense of preferences. (CUNHA, 2009; AVELINO, 2012).

2 The Nova Luz ZEIS Management Council: history and characteristics.

The Nova Luz ZEIS Management Council 03, in which the studied deliberative dynamics took place, started activities on June 21, 2011.

From the legal point of view, the mandatory operation of the Management Council for each Special Area of Social Interest in the city of São Paulo is foreseen in article 175, aside 002 – the City Hall Strategic Master Plan (SMP) entitled “Special Area of Social Interest”. This article also establishes that its members “must participate in all elaboration stages of the Urbanization and Implementation Plan11. The decree44.667/200412, also regulates SMP dispositions related to the ZEIS in São Paulo, offering details on the ways in which urban policy instruments shall be applied. Article 22 reaffirms the joint character of the council and its deliberative nature. Finally, decree 45.127/200413 alters dispositions related to the aforementioned decree, highlighting that it is the responsibility of the Municipal Secretary of Housing (SEHAB), to establish anelectoral commission to select civil society advisors. Besides, it also expresses the voluntary fashion of member participation, who should take a two-year term, allowing for only one reelection.

The Nova Luz ZEIS Management Council elected its members on June 14, 201114. There is no minute related to that day, only one related to the meeting of June 21, 2011, which was considered as the first official council session. The composition of the instituted collegiate allocated 50% of the sixteen seats to the representatives of the municipal power, while the remaining half was allocated to Social Movements and Residents Associations (SCMOV), trade owners (SCP) and regional residents (SCM)15. This arrangement can be observed with its full members in the graph below:

11 Despite the ambiguity of article 178 of this legislation, which affirms that the Urbanization Plan must be “subscribed” by the council participants, there is no doubt that the object of the deliberative council is the elaboration and implementation of an Urbanization Plan. Available at:12 em http://www.prefeitura.sp.gov.br/cidade/secretarias/habitacao/plantas_on_line/legislacao/index.php?p=12811 (accessed on 15/09/13).13 Available at: athttp://www.prefeitura.sp.gov.br/cidade/secretarias/habitacao/plantas_on_line/legislacao/index.php?p=12922 (accessed on 15/09/13).14 The official publication of elected members was made through ordinance 208/2011/SEHAB as published in the Official São Paulo City Journal on June 18, 2011, available at http://www.docidadesp.imprensaoficial.com.br/NavegaEdicao.aspx?ClipID=8V6VCEM7KL90KeDN3L21RHPGVMB&PalavraChave=zeis (access on 05/08/2013).15 This per sector division is our own creation. In the analyzed minutes, speakers are represented by the bodies to which they belong (in this case, the government) the social movement or residents association they participate in, called “civil society”, shopkeepers representatives, ZEIS dwellers, Nova Luz Consortium representatives and finally, unidentified participants, when it was not possible to detect which group the speaker belongs to..

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Composição do conselho por segmento dos membros titulares

8

4

3

1

GOV

SCMOV

SCP

SCM

GRAPH 2 – Composition of the Management Council per full member sector

Source: elaborated by the author

The eight seats reserved for the public power were occupied by all bodies directly involved with urban policies in the São Paulo municipality, with one place for each of the following institutions: Municipal Secretary of Housing (SEHAB); Superintendence of Popular Housing – Downtown Section (HABI-CENTRO); Municipal Secretary of Urban Infrastructure and Public Works (SIURB); Municipal Secretary of Urban Development (SMDU); São Paulo Urbanism; SPObras; São Paulo Housing Metropolitan Company - COHAB); and Sé Sub-City Hall16.

The social movements and residents associations were allocated four seats, occupied by the following groups: National Movement of Street Dwellers (MNPR); Community of Residents Fighting for Justice (ACLJ), eventually substituted by the Movement of the Central Region Residents (MMRC); the Housing Movement Union(UMM), eventually substituted by the São Paulo Housing (MMC); and the Associationof Residents and Friends of Santa Ifigênia and Luz (AMOALUZ)17.

Finally, the trade sector occupied three seats while residents, clearly underrepresented, were only entitled to one seat in the collegiate (however they occupied two trade advisors substitutive seats)18.

Once elected, the councils approved the Collegiate Internal Regulations, in a discussion that lasted only two sessions (21/06 and 28/06/11), demonstrating a low level of diverging proposals with regards to the Council organization rules19.

16 The representation of this administrative region in the council is due to the fact that the ZEIS in question is located in this part of the city. 17 According to the research carried out by Souza (2011), none of these social movements spoke during the debates held in the Board of Aldermen public audiences to discuss the Nova Luz Project in which the demand for the establishment of the Management Council object of this study was discussed. We should not exclude however, the possibility that its representatives may have been present, even if they have not made any pronunciations. Besides, there is also the possibility that one single person may participate as belonging to more than one social movement, which also makes identification difficult. However, the presence of these groups in the social scenario is unquestionable, which justifies their presence in the management council. For a “map of movements” inserted in the dispute for the “city rights” in São Paulo, please refer to the excellent work developed by Edson Miagusko (2012).18 Souza (2011) highlights the intense activity of two local trades associations, the shopkeepers Chamber of Santa Ifigência (CDL) and the Santa Ifigência Trades Association (ACSIO) from the beginning of discussions on the Nova Luz Project.

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In the end, we observe a collegiate marked by the strong presence of government bodies involved in the Nova Luz project and slightly dominated by male representatives, with an expressive presence of social movements, resident’s organizations and representatives of the local trade sector, however with a modest participation of local residents. This was the institutional configuration through which the 42 sessions analyzed in this study took place. As we shall see later on, this configuration shall somehow mirror the different levels of participation of the different sectors during the deliberative process.

With a dynamics of ordinary sessions every fortnight and at least three extraordinary sessions in a period of only eight months, the council worked basically with long sessions, which lasted about three hours on average, transcribed into minutesavailable on the Internet20. This material became the corpus for primary research in the current study. In order to approach these transcripts, we had to develop an adequate analytical model to the procedural emphasis and the mainly discursive fashion of the deliberative process studied.

Once the basic theoretical reference of the present study was set, we focused on the challenge of the methodological operationalization for the selected concepts of interest for the approach of our dependent variable. In the subsequent sessions, we then sought to briefly deal with the important issue of the knowledge production logic that guided our research to clearly and concisely introduce the data generation procedures and methodological tools.

3 Methodological Operationalization and procedural issues

In this article, we propose a concept of deliberative dynamics related to the understanding of the argument exchange process that can generate politically interesting speeches, observing the obtainment of meta-consensus among the involved actors,analyzing the extent to which the constellation of discourses truly represent the topic under discussion, in other words, which the discursive legitimacy of the analyzed deliberative forums is. The analytical proposal that we seek to outline is aimed towards the analysis of discourses included in the minutes of the Nova Luz ZEIS Management Council, focusing on the dynamic deliberation process, thus intentionally leaving aside the debate on its effectiveness. In this sense, we shall intend to focus on two sets of analytical categories that together compose what we have so far called the deliberative dynamics. Combining the already known elements of effectiveness analysis from other researches – the vocalization capacity of the actors involved in the process, who areresponsible for making initiative proposals followed by debates, with our research proposal based on politically interesting speeches found in the council sessions, the real discursive legitimacy of deliberative forums and their capacity to generate meta-consensus, we believe it is possible to enlighten the intestine deliberative sessionsprocess, thus allowing for a more complete analysis of what it is at stake when we focus on the specific case analyzed. (DRYZEK, 1990, 1996, 2000, 2004).

19 Later on we shall approach the approval of the council internal regulations from the point of view of the deliberative collegiate capacity to generate meta-consensus. 20 We can estimate this average because the council president always started the meetings reaffirming the starting time. All the documentation available in PDF format was available for download on the website www.novaluzsp.com.br during our research. When the government suspended the Nova Luz Project in early 2013, this website was removed.

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Given the complexity of the studied phenomenon, our first challenge in the context of the research was to deal with the minutes related to the relevant sessions involving different social sectors. Which statute should we give to the analysis of minutes considered in this study? Which methodology should we use to produce research data? We propose a guise of methodological instrument elaboration that can address the goals of this work, a combination of some Discourse Analysis principles with simple Classic Content Analysis (KRIPPENDORF, 1989; BAUER andGASKELL, 2002). In this work, the combination of these principles led to the followingprocedures:

We considered the Dryzek category of “discourse” based on three levels, composed of three analysis units: 1) speech/vocalization fragment (for example a phrase within a wider speech, interjections and positive or negative assertiveness); 2) complete speech/vocalization (the complete set of sentences pronounced by an individual at any given moment); 3) the set of speeches (as in a debate).

1. We focused on a set of 42 minutes related to sessions carried out between 14/03/2011 and 07/03/2012 between representatives of the São Paulo City Hall, members of different trade sector groups, NGOs and residents associations before and after the installation of the Nova Luz Management Council.

2. We divided these minutes into two groups: A) includes the meetings between the São Paulo city Hall with the trade sector, residents and associations acting in the Nova Luz ZEIS region before the setup of the Management Council, carried out between 14/03 and 07/06/2011, totalizing 21 sessions. We opted for the analysis of these sessions regarding the discussion on the discursive legitimacy and the generation of meta-consensus, as proceeding this way we could detect speeches originated in the different sectors represented in the council and the moments of ample agreement among the social actors with regards to the implementation of the Council21; B) the set of 21 minutes related to the Council sessions performed between 21/06/2011 and 07/03/2012. This was the main object of analysis in this study, totalizing 1,248 pages transcribed;

3. Following the chart below, 4,984 speeches were qualified in terms of: 1) The qualification of speakers as belonging to a specific sector (Government – GOV; Residents Associations and Social Movements - SCMOV; Representatives of real estate owners and regional trades sector - SCP; ZEIS residents; SCM; Representatives of the Nova Luz Syndicate - PRIV; Participants from a non-indentified sector - PSNI); 2) the speaker gender (male or female); 3) Presentation of proposals; 4) Politically Interesting Speeches (DPOL); 5) the discursive legitimacy and its representativeness (LEG/REP); 6) occurrence of debates (DEB), that included a significant number of non-identified speeches.

4 The deliberative dynamics of the Nova Luz Special Areas of Social Interest Management Council

21 This is justified because the minutes related to these meetings are summary proceedings, which makesit impossible to compare them to the corpus of 21 minutes transcribed from the Management Council sessions.

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Following the issues selected in the previous session, we categorized 134 proposal presentations, 264 speeches identified as politically interesting, 62 presentations on the discursive legitimacy representativeness and finally, 36 debates that included a diversified number of unclassified speeches.

We continue with the analysis of our findings on the three first topics, focused on the indicators traditionally analyzed in the research on the issue under debate. The three final topics are configured as our proposal for a deeper analysis to complete theresearch on the deliberative process.

4.1 Vocalization

Graph 3 below shows that throughout the 21 meetings of the Nova Luz Management Council and a total of 4,984 vocalizations considered, the sector represented by the members of the government (GOV) was granted more speech access than the other sectors present in the meetings, totalizing 2,392 vocalizations, a 49% of the total.

2392

1229

762

172 263 166

0

500

1000

1500

2000

2500

número de vocalizações

GOV SCMOV SCP SCM PSNI PRIV

segmentos

Total de vocalizações por segmento

49%

25%

15%

3% 5% 3%

GOV

SCMOV

SCP

SCM

PSNI

PRIV

GRAPH 3 - Total of vocalizations per sectorSource: elaborated by the author

We observed an absolute dominance of public power vocalizations when compared to any other sector that participated in the council. However, when we add the

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entire number of vocalizations pronounced by the civil society as a whole, including the “civil society owners” (SCP), “civil society social movements” and residents associations” (SCMOV) and “civil society residents” (SCM), which totalize 2,163 vocalizations, we perceive that the government’s advantage becomes considerably more discreet. However it is worth highlighting that the advisors that represent residents associations or social movements presented a considerable number of vocalizations (1,229 or 25% of the total) followed by the region’s trade representatives sector (762, or15%). Finally, with lower number of vocalizations we find the residents sector, with only 172 participations, a mere 3% of the total.

The data introduced here shows that there are a high number of participations (263 or 5% of the total number of speeches) that belong to a sector that could not be identified. We think it is possible that these individuals may be members of the civil society and circumstantial participants of debates, once the transcription is the responsibility of São Paulo City Hall, and apparently, all its agents are identified in the analyzed minutes. These speeches were not considered as belonging to any particular sector. Also, between the eighth and thirteenth meetings (24/08/2011 and 19/10/2011 respectively), we identified the presence of representatives of the Nova Luz Consortium as a private sector (PRIV). Their vocalizations were usually long and had a clearly explanatory manner, dealing with the specificities of the urban intervention project to be developed in the area. The “troubleshooting” dynamics that participants implemented caused the number of vocalizations to grow considerably, totalizing nearly 166 speeches.

Graph 4 introduces data related to the gender participation within the council debates.

3187

1782

0500

100015002000250030003500

número de vocalizações

HOMENS MULHERES

gênero

Vocalizações por gênero

12

Vocalizações por gênero

64%

36%

HOMENS

MULHERES

4 – Vocalizations per gender Source: elaborated by the author

The data introduced shows that although the number of male advisors is slightlyhigher than their female counterpart, the number of vocalizations made by the first group (3,187) almost doubles the second one (1,782). It is therefore evident that there is an absolute dominance of male speeches in the deliberative dynamics of the studied council.

2392

2006

1800

1900

2000

2100

2200

2300

2400

número de vocalizações

GOV PRES/SEC

segmento vocalizador

Número de vocalizações do presidente e do secretário do conselho

GRAPH 5 – Number of vocalizations made by the council’s president and secretary.Source: elaborated by the author.

We can therefore conclude that in the absence of explicitly impeditive or restrictive factors with regards to the female advisors and participants, their low participation level may be related to the failure to occupy any of the two strategic positions in the studied council.

4.2 Proposal presentation

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Beyond the absolute and proportional data on the speeches made by participants in the deliberative process in question we considered, in agreement with other research already developed (AVRITZER, 2009b, 2010; CUNHA, 2007, 2009; PIRES, 2011), that it was necessary to take a more careful look, seeking to discern the proposal presentation process in the groups involved in the deliberative process. The second aspect analyzed is therefore related to the issues on the sector that presented the most proposals during the deliberative sessions of the studied council and their general content. During the 21 analyzed meetings, 133 proposals were made. 14 were originated in the public power and 119 were made by the different civil society sectors. Graph 6 below shows the absolute number of proposals and their percentage per sector.

Apresentação de propostas por segmentos

14; 11%

119; 89%

GOV

SCIVIL

GRAPH 6 – Presentation of proposals per sector. Source: elaborated by the author.

In this graph, we clearly notice the predominance of proposals made by the civil society in comparison to the government interpellations. This is the expected dynamics, as this is a collegiate through which the different social movements and local actors can communicate their requests directly to the public powers.

The sector that individually presented the highest number of proposals was the one composed of the representatives of social movements and residents associations (22 proposals) followed by the owners sector (8) and the residents sector (1). This last sector was outperformed by the representatives of the private consortium, which elaborated 3 proposals.

The proposal presentation strategy used by the civil society sectors is interesting to analyze. They organized prior meetings with all advisors to reach an agreement on the proposals to be made and produced a joint document subscribed by all participants to be presented in the subsequent council session. In these cases, we verified that a high number of proposals was made; what we call a “concentrated standard of proposal presentation” (PCAP), rather than the presentation of demands through the progress of discussions in a somewhat scattered manner. This collective presentation of proposals was considered as belonging to the “civil society” sector collectively and not to any of its specific components.

4.3 Generation of debates

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We understand that dissent is one of the basic requirements for the deliberative process in democratic regimes. It is expected that the presentation of proposals should not be followed by an uncritical acquiescence or a coerced silence by the members of a deliberate collegiate but rather, by a collective appreciation of the topic under discussion, raising arguments and points of view that may or may not end in a common understanding.

The graph below shows the number of analyzed debates per meeting.

Número de debates por reunião

0 0

2 2 2

3

2

0

2

3 3

2 2

1

2

0

5

0

2

1

2

00

1

2

3

4

5

6

21/06

/201

1

06/07

/201

1

27/07

/201

1

17/08

/201

1

08/09

/201

1

05/10

/201

1

19/10

/201

1

16/11

/201

1

14/12

/201

1

18/01

/201

2

29/02

/201

2

Datas das reuniões

Nú

mer

o d

e d

ebat

es

número de debates

GRAPH 7 – Number of debates per meeting.Source: elaborated by the author.

The low average number of debates per meeting could (2)22, at first sight, suggest that the advisors hardly discussed or indulged in conflict when sustaining theirarguments to support their proposals and points of view. By carefully analyzing the minutes, however, we perceive that on the contrary, the low number of debates suggests deep discussions on sensitive issues, once the topics discussed by the council involved a considerable degree of contentiousness, besides the frequent demand of technical arguments. Next, we introduce the chronological development of analyzed debates, thus demonstrating the sequence of relevant issues for the approach of the main topic of council which is the elaboration of PUZEIS.

1) Debate on the internal regulation: the first debate developed by council participants was the discussion and approval of the management council internal regulations. The first task to be elaborated by the collegiate, the internal regulation, establishes theguidelines for the development of meetings and reaffirms the collegiate deliberative scope already specified in its original creation law. Its approval provoked a low conflict level among participants.

2) Debate on the guidelines and the registration of residents and tradespersons: the debate on the internal regulations was followed by the first debate on substantial issues involving the elaboration of the PUZEIS general guidelines and the registration of local residents and tradespersons. This last issue became relevant once the registration of the population affected by the works to be performed in the area seeking to materialize public policies would help calculate the number of houses of social interest to be built in order to relocate the displaced population.

22 The number is rounded to 1.63, the arithmetic average of debates per session .

15

3) Debate on the concession edict: the participants discussed the importance of a cohesion between the PUZEIS guidelines approved by the council and the edict for the concession to the private initiative. For the civil society participants, guidelines mirrored in the edict would confirm the councils’ deliberative power and would grant the coherence of the work performed.

4) Debate on the value given to the intangible heritage of the neighborhood: in the context of the discussions on the edict to be elaborated for the hiring of a corporate group, participants focused on a political issue: which neighborhood buildings should be considered as part of the region’s intangible heritage to be preserved? Here we saw a strong argument between the government members, for whom only those properties legally declared as heritage should be preserved and the civil society advisors, who insisted on the importance of preserving typical neighborhood places such as traditional bars and stores.

5) Debate on the consolidation of PUZEIS: in the final meetings of the collegiate, heldin early 2012, participants agreed with the diagnosis that the works performed by the management council had had little practical results until that moment. There was a growing criticism from civil society representatives with regards to the insufficient government response to the demands made during the meetings. Besides, the uncertainty about the setting of a final date for the PUZEIS voting contributed to the controversy on the effectiveness of the management council.

4.4 Presence of politically interesting speeches

The debates developed during the deliberative process –not just the debates but also any and each speech made by representatives – have a great potential to show what we call politically interesting speeches. The focus of this concept, the first one we proposed to expand the scope of analysis of deliberative processes, falls mainly on the affirmation or on the contrary, on the negation of the power of the entities involved in the debates or on the power of specific entities and the speeches made. Our goal here is to present not just quantitative data related to this concept, but mainly its contents.

With regards to the quantitative data introduced in graph 8 below, we perceive that the government was the sector that made the most politically interesting speeches(114 speeches), followed by the social movements and residents associations (88 speeches), owners (48 speeches) and again, residents, who presented a low number of politically interesting speeches (11 speeches).

16

114

88

48

110 3

0

20

40

60

80

100

120

Número de discursos

GOV SCMOV SCP SCM PSNI PRIV

segmento

Discursos politicamente interessantes por segmento

GRAPH 8 – Total of politically interesting speeches per sector.Source: elaborated by the author.

In graph 9 below, we can observe the average number of speeches (1323 cases per meeting) and at the same time, the presence of “peaks”. The cases in which this phenomenon could be observed took place mainly in meetings in which there were: 1) threats or misunderstandings among participants with regards to the council’s deliberations; 2) substantial discussion moments on a specific public policy. When these situations arose, we verified the emergency reaction of participants through speeches that emphasized potential effects of public policies or reinforced the deliberative character of the council.

Discursos politicamente interessantes por reunião

30

69

1

6

17

6

16

3 4

24

16 15 1513

24

1923

19

25

0

5

10

15

20

25

30

21/06

/201

1

06/07

/201

1

27/07

/201

1

17/08

/201

1

08/09

/201

1

05/10

/201

1

19/10

/201

1

16/11

/201

1

14/12

/201

1

26/01

/201

2

07/03

/201

2

Datas das reuniões

nú

mer

o d

e d

iscu

rso

s p

oli

tica

men

te r

elev

ante

s

discursos politicamenteinteressantes

GRAPH 9 – Politically interesting speeches per meeting.Source: elaborated by the author.

As important as the empirical evidence of the absolute number, the average number of politically interesting speeches and the sector responsible for most of these pronunciations is the discernment of the “discursive constellations” around which the speeches in question evolved.

The main unifying aspect of politically interesting speeches in the analyzed transcriptions was related to the ontology of the council itself, in other words, the

23 Number rounded up from 12.57.

17

progressive discursive configuration of its agency power. The fundamental question to be answered several times is: does the council have in fact a “deliberative power” in the decisionist sense of the term or, as one of the participants of the civil society from the social movements and residents associations said24, the advisors are there “playing to build little houses”. Repeatedly, discourses on the role of the council in the process of the Nova Luz urban concession resulted in an interesting phenomenon: the agency power conferred to the deliberating collegiate is intrinsically related to the intermittent nature of the participative institution. We observed through the speeches made by the different advisors, mainly government ones, that the municipal public power strongly acknowledged the deliberative role of the council during the first stage of the Project, basically when aimed at: 1) the discussion of the PUZEIS guidelines; 2) practical issues related to the registration process of residents and tradespersons from the region; 3) setting of conditions for the urban concession edict.

As time went by, however, this role was modified in order to perform a controlling profile in the deliberations carried out. In a horizon estimated in fifteen years to fully comply with the foreseen stages for the complete materialization of the planned interventions, we can assume that the convocation power of the collegiate could suffer a mutation in its nature, thus slowly becoming an institution with a remarkable social control profile.

The speeches related to the different public policies were the second important center of attention for participants, thus originating countless politically interesting speeches. We can highlight among them: 1) the issue of urban policies at the three government levels, with special emphasis on the municipal policy; 2) the municipal housing policy; 3) the social assistance, health and income and employment generationpublic policies, which should work together to approach the serious problem of crackusers in the region. Some of these topics took entire meetings, leading participants to severely criticize a possible omission by the municipal public power of the region until the appearance of the Nova Luz Project, which according to them, would demand a “cleaning process” in the area and that for this reasons it would now be receiving the attention of the elected authorities again.

4.5 Generation of meta-consensus

Applying an exceedingly abstract concept makes the methodological operationalization difficult. Our goal of investigating if the analyzed deliberative process was able to generate meta-consensus between the deliberating parties proved to be a first order challenge for our study, as in this case we could not proceed in the same way we were working on the other analyzed issues. It became impossible to find “hints” in speech fragments or in full speeches made by deliberation participants that could be consider as unequivocal indicators of the different meta-consensus levels, thus leading us to search for an alternative approach.

With this idea in mind, the observation of the collegiate capacity to generate meta-consensus at the reference levels described by Dryzek, required a diachronic approach to the process as a whole, from the first meetings with the population sectors affected by the Nova Luz Project to the last documented session of the ZEIS management council. Observing the process in some of its fundamental moments, we

24 Meeting held on 17/08/2011.

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can finally discuss the pertinence or not of this concept for the deliberative dynamics in question.

With regards to the capacity of the deliberative collegiate to create normativemeta-consensus, we verified that it was partially successful, as however in theory all the parties involved were imbued with a common value, which is that the public discussionswould be a valuable and necessary activity for the development of urban policies, oftentimes the public powers were criticized by the representatives of the civil society in the sense that they would be surrendering to the “real estate speculation logic” and that therefore, they would be representing private interests and not the collective wellbeing. This value attribution, however, was repeatedly rejected by the public power councilors. In our opinion, it is there where the partiality of the success in the plain obtainment of meta-consensus levels lies, as the expected divergences between the different values, however they didn’t prevent the process development as a whole, does not allow us to conclude that it has really been carried out to everyone’s satisfaction.

However, despite this apparent divergence in core values, there is no questioning with regards to the success in the obtainment of an epistemic meta-consensus, once the construction of the acceptability of the diverse social actors’ points of view started in the very first meeting with the local social sectors. Therefore, there are no queries related to the validity of the knowledge at stake in the council, which allows to verify at all times that there was a feeling in the collegiate deliberative dynamics of an existing “problem-solving public” able to use its know-how to discuss the issues under debate. This implies, at the same time, success in the generation of a discursive meta-consensus,as the acceptable set of discourses present in the deliberative situation results, in our opinion, in the legitimacy level derived from the reciprocal acceptance of the deliberative forum participants in both classic and discursive terms, as we shall see next.

We also verified the success in the materialization of meta-consensus of preference at least during three different moments: 1) During the discussions on the organization of the management council to be created with regards to its composition, where discussions led to a general agreement of all participants; 2) during the discussions on the Management Council internal regulations, which resulted in a high level of agreement among participants; 3) in the elaboration and definition of guidelines for the elaboration of PUZEIS; 4) in the previous conciliation meetings among the participants of the civil society sectors. Here, it is worth highlighting that even when different groups have sometimes presented conflictive points of view during the meetings with the public powers before the council was installed, they succeeded in creating a “civil society” basis capable of expressing all the preferences of the involved sectors. The observation of these four decision moments shared by the role of initiativesthat could be valid for all participants suggests that the meta-consensus achieved some degree of documental substantiality, once they resulted in the establishment of the Management Council itself, the elaboration of its internal regulations, the creation of a “civil society voice” and the completion of the first step towards the deliberation on the PUZEIS as a whole.

4.6 Legitimacy and discursive representation

Finally, our analysis shall focus on the statements that suggest the inclusive discursive potential of the studied council. We analyzed legitimacy issues in two levels: 1) the discursive inclusion level proposed by Dryzek that affirms that a discussionforum is legitimate when it includes all discourses around an issue within the public

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sphere; 2) the level of participants’ affirmations with regards to the groups they represent. In order to analyze the first level, it was necessary to study the minutes elaboratedbefore the management council started deliberating, so that we could have access to thediscursive constellation of all population sectors to be represented. Carefully studying 21 minutes related to the São Paulo City Hall meetings carried out together with regional tradespersons and residents associations, we intended to discern the level to which these different groups, subsumed under the “civil society” signature, expressed similar of different city conceptions and political projects.

The six meetings specifically carried out with the local tradespersons revealed the sector concern with the financial impact of the Nova Luz Project on business issues. During the discussions, these representatives focused their demands on the following issues:

1. Financial issues: concern with the storage and merchandise circulation logistics and consumer access to stores. For the trade representatives, the relocation of stores to adjacent areas and the minimization of the impact of this process in their profits was a fundamental issue in their discussions with the public power.

2. Urban issues: aspects related to the criteria used for the relocation of stores and preservation of their facades. The main point was the subsumption of urban and landscaping aspects to financial demands.One of the minutes states that “the trade sectors was against the construction of a square in any corner of the Santa Ifigênia street.” 25 In another meeting, heldon May 22, 2011, representatives of the Chamber of Shopkeepers, “suggested that there should be no afforestation on Santa Ifigênia, so that the street can have more space for circulation” 26.

3. Social issues: the shopkeepers’ representatives expressed their concern about “beggars” and “nóias” (drug users) who infested the area. One of the participants requested clarifying of criteria for the closing of the commercial area “during the night, so that it does not become (sic) a dormitory for the homeless”.27

In other meetings, representatives of the social movements, residents associations and regional dwellers also highlighted the following: 1. Procedural issues: residents strongly questioned the methodology used by the

public power in the registration of residents, which according to the participants was not concluded in a clear, transparent and informative manner with regards to the project’s implications.

2. Political issues: residents raised concerns about the project future considering thepossibility of a management change; they requested more transparency and a wider debate; they brought proposals for the council organization, discussing its constitution with City Hall and shopkeepers representatives; they raised the issue of the legitimacy of the representation of residents associations, social movements and trade organizations and finally, they insisted on a guarantee of permanence forresidents of the area adjacent to the expropriation project.

3. Urban issues: participants raised questions related to the properties to be renewed and those to be kept by the process planned by the Nova Luz Project. They also

25 Meeting held on 28/03/11. 26 Meeting held on 22/03/11.27 Meeting held on 14/03/11.

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expressed their concern with the material and immaterial world heritage of the neighborhood, its use, consuetude and peculiarities.

With regards to the second analyzed level, the statements related to the interaction with a “base” or population group represented, or even the recognition of legitimacy to another sector, we counted 62 speeches of this kind. Graph 10 below shows the absolute speech numbers per segment that dealt with legitimacy and representativeness issues:

15

2419

1 2 10

5

10

15

20

25

Número de discursos

GOV SCMOV SCP SCM PSNI PRIV

Segmento

Discursos de legitimação e representatividade

GRAPH 10 – Legitimacy and representativeness speeches.

Source: elaborated by the author.

We perceive an expressive presence of this type of discourse in the social movements and residents associations sectors (24) and in the shopkeepers’representatives (19), with an irrelevant participation of the other sectors. Altogether, these representatives made 43 speeches of this nature, considerably more than twice the number resulting from the government speeches and the inexpressive participation of the remaining sectors (15).

5 The deliberative dynamics of the São Paulo – Nova Luz ZEIS Management Council: what can we finally say about it?

It is worth highlighting as a general overview on the deliberative process as a whole, that there is a clear predominance of the public power with regards to the “discursive volume” of the different sectors in absolute terms. We saw that the control of the Council’s strategic functions explicitly favors this advantage and it also explains the higher number of male vocalizations. However, residents not involved with a residents association or social movements in particular, have made a clearly low number of speeches.

Contrary to this, the civil society is clearly the group that has presented the most proposals within the council. This is an expected result, as this institution carries a sort of “repressed demand” by the region’s dwellers and other local actors, who finally see here an opportunity to directly talk to a public agent. It is important to mention, however, the remarkable strategy of what we call the “concentrated standard of proposals”, agreed through previous discussion meetings to establish common argumentative guidelines among the council members of this sector. Therefore,

21

analyzing discourse differences observed in the meetings held before the council started deliberations, we can conclude that participants were able to constitute a “voice” for the civil society within the collegiate.

The deliberative dynamics of the Nova Luz ZEIS Management Council was agreed through a low number of debates during the sessions. However, we must remember that in these cases there is a tradeoff between quantity and quality as a lower number of debates may also mean a deeper discussion on the issue under debate. In this sense, the dynamics was mainly marked by an extensive questioning made by the civil society representatives and answers given by their government counterparts. Let’s remember that this is a council that deals with very specific technical issues, the elements that compose the final “deliberative object” or PUZEIS. In this sense, we can affirm that data analysis showed that in large discursive sequences, there were “translation” moments, not of the technical language used –residents associations and social movements seem to be familiar enough with terms such as “utilization coefficient” or “constructive potential”– but rather, of the plans of the São Paulo Municipality and the Nova Luz Consortium for the region. When does the City Hall plan to start this or that phase? How is the consortium planning its intervention?

The participants made politically interesting presentations focusing basically onthe deliberative council initiatives and the public policies related to the urban intervention foreseen for the region. In the first case, they were mainly related to the effectiveness of their decisions and the likeability that they would really be taken into account in the process final product or if, on the contrary, they would be merely used as a sort of legitimacy proof of popular participation that would only ratify the municipal government’s plans, something done for show. Participants were also interested in understanding the real public power initiatives embodied in public policies to address the complex challenges existent in the region, such as the ever-mentioned “cracolândia” (crack houses).

We consider that the council proved to have meta-consensus elaboration capacity, once it developed them in almost all analyzed levels. The architecture of wide agreements included not just the respect for the different knowledge involved in the deliberative process but also the materialization of concrete proposals made to the collegiate or included during the elaboration of the internal regulations. We understand that the research based on this concept can be problematic, thus requiring an even morecareful approach.

The discursive representativeness aspect was approached from a longitudinal prism that included not only the management council sessions but also the meetingsorganized before its installation. We observed the successful inclusion of speeches onthe issues under debate through the inclusion of key social actors that proved to be capable of presenting their specific demands and at the same time, create a polyphonic and collective speech.

Therefore, if we consider the deliberative dynamics emphasizing only it decisionist aspect (AVRITZER, 2000), we will reach the conclusion that it was characterized by a low number of decisions made. In all analyzed transcriptions we verified the exiguity or inexistence of clear decision-making moments.

Analyzing the case trough an argumentative prism and trying to investigate its materiality based on Dryzek concepts, we can deduce that the deliberative dynamics, if they are not very rich in terms of introducing a diversity of arguments and eliciting debates, they still resulted satisfactory to comply with the role of a participative institution that seeks to widespread the elaborated ideas and in a more general fashion, to eviscerate the public juncture of the arguments elaborated by the social actors that

22

participate in the deliberations. In this sense, however the council has not been able to reach its main goal (the elaboration and approval of PUZEIS) – we don’t understand the process as a failure or as inefficient. When you are concerned about the discursiveinterplay, what you are really trying to discern is the “muscle” of the speeches made, the presence of interesting debates within an institutional context legitimated by theparticipating actors.

We can therefore conclude that it is extremely important to develop further research on the participating institutions, seeking to encourage a debate to empowercitizens with regards to the decisions that affect the region in which they live, be it the chaotic urban centers of our country, aboriginal areas, maroons or any other social groups dwelling in the “deep Brazil”. This appears to be an interesting and necessary agenda for our days and this study intends to contribute to it.

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