O direito fundamental à participação popular e a consolidação da democracia deliberativa na esfera pública municipal

AUTOR(ES)
DATA DE PUBLICAÇÃO

2007

RESUMO

The present paper aims to study the fundamental right of popular participation as na instrument of substantiation of the Democratic Rule of the Law. It proposes to inquire which manner the participative mechanisms can contribute to the citzenship efectivity and to the elimination of the social inequalities that characterize the underdeveloping countries, such as Brazil. In order to do so, it discourses on the process of the Rule of the Law and fundamental rights evolution, up to the advent of the Democratic State, when democracy consolidates itself as a unique political regime that can be able to assure the real exercise of power by the people and the establishment of a more extensive and embracing democracy. It also crosses on the definition, function, classification, species and constitutional prevision of popular participation, emphasizing its logical-principle nature of fundamental right, that reflects the dignity of the human being. It confronts the participation of the people with the deliberative democracy theory, proposed by Jürgen Habermas, in order to analyze the possibility of improvement on the participative practices by manners of implantation of deliberative public proceedings, based on rational and argumentantative dialogue between free and equal citzens. Finally, it observes the participation conditions of deliberative imprint in the country, from the examination of the particularities on the public and municipal esphere and the legislation concerning the matter, such as the examination of judiciary experiences endured by some Brazilian counties.

ASSUNTO(S)

direito constitucional direitos fundamentais - dissertaÇÕes

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