Estudo da democracia participativa sob o foco da revogação do mandato político: histórico e desafio

• Autor(a) principal: Medeiros, João Paulo Arcanjo
• Data de Publicação: 2017
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Institucional da Universidade Federal do Ceará (UFC)
• Texto Completo: http://www.repositorio.ufc.br/handle/riufc/31956
• topic: Democracia; Participação Cidadã; Participação política

The paper examines the historical processes of participatory democracies, especially the recall instrument as a possibility for the exercise of popular sovereignty. Initially, after a bibliographical analysis, it was established the historical record of the democratic experience from Ancient Greece until the present day. During the historical analysis, the process of introducing participatory instruments in the main democracies was observed. Within this analysis, the experience of semi-direct democracy in the Brazilian legal system was verified, by means of the survey of the participatory instruments and the Brazilian experiences of these institutes, under the the Brazilian Federal Constitution of 1988. As a form of delimitation of the subject, it was conceptualized the recall term, in the semantic scope and in the political sense. To this end, definitions have been raised about the instrument in several constitutional law’s canons, domestic and foreign. In due course, the study focused on the exploration of recall praxis in the United States of América, in view of doctrines and legal documents of the country. In addition, with the goal of counterpoint to the original US model, experiences of the recall instrument in other countries, especially in those Latin American countries, were investigated through Colombian, Venezuelan, Peruvian and Ecuadorian constitutions. Finally, the relationship between the political revocation mandate and the Brazilian democracy was explored, with the help of 19th century legal documents that predicted situations similar to the recall, such as the first constitutions of the states of Rio Grande do Sul, São Paulo, Goiás and Santa Catarina. Concomitantly, in order to demonstrate the presence of recall’s ideas in Brazil, it were explored recall proposals at the time of Brazil´s recent constituent assembly, as well as recent bills on the subject. It was also indicated, by a bibliographical study of publications on Electoral Law, the various electoral systems and then it was verified the most appropriate for the application of the revocation of the political mandate. It was understood, therefore, the dripping introduction of the recall instrument in the Brazilian political scene, as well as specific changes in the electoral system in force.