Da crise governamental no Brasil: o recall e o juízo político: mecanismos de enfrentamento de crises políticas

• Autor(a) principal: Gundim, Wagner Wilson Deiró
• Data de Publicação: 2017
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações do Mackenzie
• Texto Completo: http://dspace.mackenzie.br/handle/10899/24031
• topic: representação política; crise governamental; responsabilidade política; recall; juízo político; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO

The purpose of the present research is to analyze whether the adoption of the revocation system of mandate, commonly known as recall, and the figure of political judgment – in which administrators can be dismissed for committing common crimes or even for poor performance of the function – in the Brazilian legal order would be viable solutions in times of governance crisis. Especially to avoid the misuse of other political mechanisms that bring high costs not only to the political system, but also to Democracy. The research now being put forward is linked to the one on "The Citizenship Modeling the State" of the Stricto Sensu Postgraduate Program in Political and Economic Law of Universidade Presbiteriana Mackenzie. This is because it deals with aspects essential to the very idea of Democracy, such as the idea of political representation and mechanisms for resolving or minimizing political instability, facing issues of election law and politics.The scientific methodology adopted was that of the deductive and inductive methods, since it analyzes will be based both on the theoretical and normative structure of the considered mechanisms, as well as on their applicability in the field of praxis. For a better understanding of the issue, the study initially evaluates the phenomenon of political representation and the historical and philosophical milestones that outlined its birth and served as the basis to the present path.Next, the study addresses the government crisis that began in England, with the abandonment of Impeachment and the emergency of the politic responsability, as well as the use of Impeachment in the United States and Brazil.It therefore presents the concept of recall as a way of demonstrating in a pragmatic way the advantages and disadvantages associated with the implementation of the institute in the political system. It also investigates the experience of recall in comparative law, especially in Latin American countries, due to territorial proximity and political-cultural similarity, in order to have a panoramic and practical view on the benefits and impacts of the institute. The research then analyzes the concept and aspects inherent to the figure of political judgment, to then, under an empirical analysis of its implementation in Argentina, Ecuador, Paraguay, Colombia and Peru, verify the advantages and disadvantages of its adoption in the country.In the end, the research examines the feasibility/possibility binomial of implementation of both recall and political judgment in the Brazilian legal system, the necessary ways for its adoption and possible projects in progress in the Parliament on the subject. With this, it is possible to verify if such instruments can prevent or at least minimize the high political instability in the country.