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Programas de metas municipais sob olhar do Tribunal de Justiça de São Paulo

The research focused on the understanding of the Sao Paulo State Court of Justice (“TJSP”) about the constitutionality of municipal laws that instituted goal programs (or plan of goals). It took as reference the first studies on the implementation of the goals program in the state of Sao Paulo and the empirical analysis of judicial decisions in the “TJSP” between 2009-2019. The initial hypothesis was that the decisions for unconstitutionality represented undue interference by the “TJSP” in the elaboration of public policies and would make the use of the instrument impossible at the municipal level. However, the cases were brought to the Judiciary by the Executive itself, who questioned the legitimacy of the Legislative power in editing rules regarding the exercise of its administrative activity. It is not clear the impact of these judicial decisions in the municipalities, where the reference to similar instruments was maintained. In “TJSP” decisions, there was a need for a watchful eye at the particularities of each case and even the confrontation of similar law to the goals program present in the Brazilian legal system.