Political rights of expanding universal suffrage and direct election in Brazil

• Autor(a) principal: Ferraz, Andre Mendes da Fonseca
• Data de Publicação: 2012
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista do Direito Público
• Texto Completo: https://ojs.uel.br/revistas/uel/index.php/direitopub/article/view/10825
• topic: Democracia Procedimental; Política deliberativa; Sufrágio universal e voto direto; Constituição Federal de 1988.

This article aims to investigate the possibility of reflexive application of Habermas' paradigm of deliberative politics in the Brazilian democratic practice, aimed at further expansion of human rights. This paradigm has as assumptions: (a) the communicative act; (b) in the large direct political participation and individual of all concerned in decision-making; (c) normative consensus, which admits and feeds of dissent as a possibility to transcend the factual; (d) district and non-district of the communication mechanism; and (e) institutionalization of communicative power by universal suffrage and direct vote. It analyzes the need for expansion of referendum guarantees, considering: art. 81§1º of the 1988 Federal Constitution (CF / 88), according to which the vacancy occurring in the last two years of the presidential term, the election for the positions of President and Vice-President of the Republic shall be made by Congress, conflicting with the entrenchment clause of art. 60§4º of CF / 88; art. 100 of CF / 88 and its flagrant violation of Presidential Decree by the logic that have been used to postpone payments on prolatados decisions of the Inter-American Court of Human Rights ignoring the procedure and the queue of the writ; and the art. 49 item I of CF / 88, which, in practice, international treaties not validated by the National Congress have been often replicated by the President in domestic law and also reissued by Provisional Measure; and the Management Councils, which perpetuate the logic of political domination of the representative system. For these possibilities is proposed to proceed by referendum, under item I of Article 14 of the Constitution of 1988 and Law 9.709/98.