Chile constitutional convention may struggle to agree

Significance The process of drafting a new constitution is scheduled to be completed by July 4. A period of public hearings is drawing to a close and the convention’s seven permanent commissions are starting to discuss, draft and vote on articles to be submitted to the plenary. Impacts The constitutional process will be one of the defining issues of the new president’s mandate. Investor sentiment will remain cautious until there is more clarity on the new constitution’s impact on business. The right’s lack of representation in the convention may undermine its credibility.

The participatory process in the review of the Master Plan of Vitória (2014-2018)

The Federal Constitution of 1988 defined the Master Plan as a 'basic instrument' of urban development policy and subsequent legislation, which regulated the Urban Policy chapter (Estatuto da Cidade, Federal Law No. 10,257 / 2001), reinforced a set of participatory requirements in the availability and implementation of the corresponding policies. Based on this new institutional arrangement, this research paper analyzes a participatory structure in the process of reviewing the Master Plan for the municipality of Vitória, capital of Espírito Santo, in the period 2014-2018. The investigation took as an analytical parameter the participatory methodology proposed by the Ministry of Cities, whose distinguishing feature was the dissemination of democratic management instruments. The empirical analysis shows that several participatory mechanisms were implemented, such as public hearings of regional and social segments, thematic seminars, round tables, territorial assemblies, implementation of a collaborative website, involvement of the Municipal Council of the Urban Master Plan (CMPDU) and realization of the Municipal Conference on Urban Policy (Encontro da Cidade), in which the draft of the Master Plan bill was presented, discussed and voted on. Thus, the process incorporated the participatory methodology recommended by the Ministry of Cities and the corresponding legislation. The effectiveness of participation according to the guidelines of the City Statute is still an ongoing process, but the inclusion of democratic management mechanisms is a reality in Vitória, constituting an institutional advance.

“All this Regulatory Uncertainty in the Air”: The Indispensability of Public Hearings in Guarding and Guiding Public Deliberation

The field of Environmental Communication has often critiqued the shortcomings of public hearings, noting their limitations in bringing about effective and equitable public decision making. While this work has been significant, it has tended to limit the deliberative field to public hearings themselves, sometimes going so far as to assume that public hearings are the only spaces in which significant deliberations occur. Using a field analysis of the “No Coal Plant” campaign in Surry County, Virginia (2008–2013), the authors illuminate some limitations of existing literature. Their analysis suggests that while public hearings can be extremely limiting, even “failed” public hearings can play a critical role in constituting, organizing, and pacing formal and informal deliberative spaces, which are necessary for communities as they manage the stresses and strains of the decision-making process.

Can independent regulatory agencies mend Europe’s democracy? The case of the European Medicines Agency’s public hearing on Valproate

In 2017, the European Medicines Agency staged the first effort at democratic innovation within transnational European Union institutions directly influencing the transnational regulation of medicines. Alongside its public consultation on epilepsy drug Valproate, European Medicines Agency included a public hearing involving representatives of patients and testimony from those directly affected by the medicines. Using this critical case study, the article argues from a deliberative democratic perspective that although the hearing in many ways exhibited the traditional shortcomings of elite-driven deliberation, it also demonstrated unexpected and surprising deliberative qualities. Based on new quantitative analysis of the hearing using the Discourse Quality Index, and qualitative observation of over 4 hours of footage, the article argues European Medicines Agency’s hearing facilitated equitable access and influence of patients and members of the public who had previously been excluded from decision making on drug distribution. These findings provide important new evidence of the deliberative democratic value of public hearings.

Issues of Artificial Intelligence Application to the Domestic High-Tech Industries (Critical Components of the Russian Society)

В статье авторами обсуждаются вопросы, связанные с масштабным внедрением технологий искусственного интеллекта в высокотехнологичные отрасли отечественной промышленности. Представлено современное состояние нормативно- правовой базыи направления интенсивного внедрения систем искусственного интеллекта. Показаны ограничения современных технологий искусственного интеллекта и отсутствие теоретического обоснования и обязательной верифицируемости не только искусственный нейронных сетей, но и других видов технологий искусственного интеллекта. Описаны проблемы создания цифрового двойника человека-пилота и фундаментальные различия между естественным и искусственным интеллектами в решении некорректных задач в авиации. Одним из ключевых выводов является заключение о необходимостиразработки, принятия научно-идеологической, политической платформы развития, внедрения технологий искусственного интеллекта в жизненно важные сферы государства (образование, наукоемкие отрасли промышленности, транспорт) путем проведения общественных слушаний, заседаний под патронажем РАН, Госдумы с дальнейшим обсуждением в ФОИВ, Правительстве РФ. Ключевые слова: искусственный интеллект, высокотехнологичные отрасли промышленности, цифровая модель человека, человек-пилот, некорректные задачи в авиации. The authors discuss the issues of a large-scale AI adoption in the domestic high-tech industries. The paper presents the current legal framework and key AI implementation areas. It is shown that the capability of AI technologies available today is limited. There is no theoretical basis or required verification of artificial neural networks or other AI technologies. The paper also covers the issues with developing a digital twin of a human pilot, and the drastic differences between human and artificial intelligence applied to solve incorrect problems in aviation. One of the major conclusions is that a scientific, ideological, and political platform for the AI development and implementation in the mission-critical areas (education, high-tech industry, transportation) shall be prepared and adopted through public hearings and discussions hosted by the RAS, State Duma, with a subsequent review by the Russian Government.

Personal data protection and access to information: interfaces of Civil Society role in Brazilian legislative process

The relationship between access to information and personal data protection leads to the relativization of transparency under the argument of a false tradeoff between these two concepts. Based on that, this study’s objective is to understand the role of civil society movements in maintaining the rights of access to information and personal data protection. This research made a qualitative analysis, with a documentary survey and bibliographic review of the main categories presented in the Executive-Legislative relationship and in the theme of advocacy. We observe the role of civil society lobby groups in the Brazilian Access to Information Law legislative process, between 2003 and 2011, and the Brazilian Data Protection Act, between 2012 and 2018, perceive the change of these groups with the foundation of Rights in Network Coalition, in 2016. As a result, the active participation of Civil Society in public hearings has intensified increasingly in public hearings since 2018, specifically on the LGPD, while LAI had participation of civil society in the body’s scope institutionalized.

Institutionally Embodied Law: Cognitive Linguistics and the Making of International Law

This chapter examines language’s role in the formation of legal categories. It holds that they are not just subject to whims of negotiated power dynamics but also to the dynamics of how human beings involved in the legal process operationalize underlying cognitive processes. We focus on the process of law-making by cognitive category-making. We promote a methodological intervention to examine the processes of meaning-making in legal principles to explore the politics of legal practice in action as, in part, an embodied cognitive process. Although public hearings, consultation, and deliberation are all part of the legal process, we focus on how law is performed as a written exercise with the goal of understanding the law through its use of linguistic choices. The result is an exploration of how language displays the cognitive underpinnings of legal category making and the development of legal institutions, legal rules and, the law itself.

MARKETING DIGITAL E ADMINISTRAÇÃO PÚBLICA: AS MÍDIAS SOCIAIS COMO INSTRUMENTO DE PARTICIPAÇÃO SOCIAL E ACCOUNTABILITY

This study aims to understand the relationship of non-commercial Digital Marketing in Public Administration and the promotion of social participation in public management through social media. Despite the federal legislation establishing mechanisms for the participation of the population, such as consultations and public hearings, social media is gaining more and more space in our lives as a tool for communication, debate and exchange. Marketing 4.0 integrates offline and online, highlighting the importance of user participation during the development process of a particular product or service, which directs us to participatory public management and the development of more efficient and effective public policies . However, even though the use of social media as a tool for social participation and engagement in political discussions is growing, it cannot be confirmed whether this participation actually influences the development of public and social policies. To understand this relationship, a bibliographic review was carried out, complemented with a documentary research with the objective of discussing the theme.

Legal forms of participation of Ukrainian citizens in cross-border cooperation

The article examines the legal forms of participation of Ukrainian citizens in cross-border cooperation. It is established that the European Framework Convention on Transfrontier Co-operation between Territorial Com-munities or Authorities does not explicitly establish forms of involvement of citizens in cross-border co-oper-ation, but does not restrict them. It was found that citizens are members of local communities and they can not directly and indirectly benefit from cross-border cooperation, so their participation in such processes should not be limited.The provisions of Protocol № 3 to the European Framework Convention on Transfrontier Co-operation between Territorial Communities or Authorities concerning Euroregional Co-operation Associations of 16 November 2009 are analyzed. It is established that this protocol clearly regulates the consideration of the interests of individuals in the activities of associations of Euroregional cooperation.The activity of Euroregions formed with the participation of separate territories of Ukraine («Lower Danube», «Upper Prut», «Dniester» and «Carpathian Euroregion») is studied, clearly confirms the involvement of citizens in cross-border cooperation projects. The legal bases of involvement of citizens in the decision of important problems of territorial communities, including the account of their opinion in the course of cross-border cooperation are ana-lyzed. Among the analyzed forms, public consultations, citizens’ appeals and electronic petitions, general meetings of citizens and public budgets were highlighted.It is proposed to classify the legal forms of citizens’ participation in cross-border cooperation as follows: direct forms of participation (first of all, participation of citizens in cross-border cooperation projects, including such events as round tables, conferences, seminars, trainings, etc.); indirect forms of participation (forms of citizen participation aimed at ensuring that their views are taken into account in the process of cross-border cooperation, in particular through: public consultations, citizens’ appeals, general meetings, public budgets, public hearings, local initiatives, etc.).