Monitoring and Evaluation from the Perspective of the Law and Public Policy Approach: A Systematic Review in the Legal Field with a View to Brazil’s Constitutional Project

Abstract

This article presents a systematic review aimed at identifying and analyzing the state of the art of legal scholarship on the monitoring and evaluation of public policies. Over the past two decades, legal research on public policy has expanded significantly, giving rise to the so-called Law and Public Policy Approach. In this context, it is necessary to identify, analyze, and systematize the legal debate on policy monitoring and evaluation, especially in light of the progressive institutionalization of monitoring and evaluation systems by Brazilian municipalities and states following Constitutional Amendment No. 109/2021, which established the duty of public administration to evaluate and monitor public policies and programs. Based on a systematic review protocol, the study presents, in a traceable manner, the most relevant legal scholarship on the subject, complementing earlier contributions from the field of public policy studies, including public administration, economics, and political science. The findings indicate the need to institutionalize evaluation models that do not reduce assessment to a managerial analysis of efficiency, but instead emphasize the quality of public services. They also point to the importance of multimethod research capable of incorporating civil society and service users into evaluation processes. Finally, the review suggests that, as policy evaluation becomes institutionalized in Brazil, it must not be confused with control, from which it remains qualitatively distinct.