Tribunal do Júri e Soberania Popular

The present work has for object the Jury under the democratic optics, looking for to demonstrate its democratic validation. The purpose of this work was to revisit the institution, in order to bring its importance while instrument of popular participation. The work presents, first, a systematic and chronological approach of the institution of the Jury and its evolution inside of Brazilian constitutional history, objectifying, with this, to approach the narrow entailing of the Jury with the constitutional postulates. After that, the constitutional principles of the Jury had been examined, looking for to establish the popular identity of the institution and its approach with the human rights system of the Brazilian Federal Constitution. More ahead, had been examined the direct participation of the society in the Jury, going deep the questions related with the election of the jurors and the jury nullification on the American Jury. Finally, had been dedicated the study of the current conjuncture of the Brazilian Jury, its problems and the possible solutions, beyond the study of the limitation's mechanisms in the constitutional principle of the popular supremacy and the reform's projects suggested for legislators and jurists. In this way, had been looked elaborate a constitutional construction of the Jury, defending its permanence in the Brasil law system, for being a fundamental guarantee to protect the freedom, moreover for being essential to validate the Democratic State of Right, for to be the materialization of the democratic principle. For opportune, it's necessary to allege that this work had been directed to the constitutional analysis of the Jury, its legitimacy and its democratic vocation, using themselves as ideological north the American Jury System and as philosophical base the social contract theory, understanding the Jury as an instrument of protection of the society front to the state supremacy and its hierarchy structure of the power

Micarande: festa do povo?

Contemporary politics have assumed new configurations both in the way they are carried out and in the content publicized. Nevertheless, some practices are unchanged since antiquity. But the advent of the media and its circumstantial molding of current society have forced politics to make some changes to adapt both to mass media and to the new social practices in liberal democracy. Given that fact, this study tried to demonstrate how power has become personalized in Campina Grande, Paraíba, Brazil, by a politician named Cássio Cunha Lima. Through the communications media and popular manifestations, he has been trying to create a symbiosis between Micarande a Carnival party (not held in the traditional Mardi Gras week) and his own public image, elaborating a process that identifies him with that event. In that way, he hopes to appropriate the festival and project his political image by using the party as na electoral currency in his publicity campaigns

A teoria democrática e a participação popular : as trajetórias participativas no Recife e em Módena

This work basically achieve three goals. Critically investigate the liberal democratic regime and its historical reformulation, rejecting the popular power and popular self-organization, limiting the entry of normal citizen in decision-making, believing in the market as a mediating body in regulating of the different life spheres of social. Starting from the critical liberal democracy, it discussed the concept of popular participation in the democracy, searching new democratically horizons, where the masses could have the opportunity to make decisions about their own destiny. On the basis of theoretical discussion on participation, we discuss a concrete instrument of participation, the Participatory Budgeting, comparing two participatory experiences in North and South

Análise das interpretações do governo Evo Morales: o legado histórico e o poder nacional-indígena

This work aims to analyze the interpretations about Evo Morales' government in Bolivia. For such, it proposes a theoretical reclaim of Marxism in Latin America, as well as of Bolivian political history since the 1952 Revolution, going through the crisis in Pacted Democracy intensified in the five-year conjuncture of struggles started in 2000 up to the election and reelection of Morales. It departs from an empirical prior conjecture taken from a qualitative analysis and a broad literature review to analyze the different interpretations of the Bolivian political process from Marxist theoretical matrices. After this historical recovery and this reading of contemporary Bolivia, it concludes with a consideration about the formation of a possible new block of power in the country, with the retaking of nationalism and Indianism as revolutionary reasons

Iniciativa popular na concretização do direito fundamental à democracia

The Participatory Democracy is disseminated throughout the Principle of Popular Sovereignty. Since it spurs the participation of the people in the exercise of political power, it emerges as a conciliatory alternative to the Representative Regime - one of questionable legitimacy in account of the distortion it causes on the will of the public. It does so specially vis-à-vis the legislative, where the law is created. It s known that our Constitution (arts. 1º e 14, CF/88) provides for the means through which the members of the public may take part in the political process of the country, for it consecrates the plebiscite, the referendum and the popular initiative, all of them incipiently regulated by the Lei nº 9.709/98. It s our task, thus, to inquire, through deductive reasoning as well as the legal exegeses, the enforceability of the Popular Initiative as a means of popular emancipation, given that it enables the citizens to conscientiously participate in the public sphere. It has also an educational ethos which builds the capacity of individual to act, and, therefore, through thoughtful choices, enhance the legal system. Furthermore, the Lei da Ficha Limpa (LC nº 135/2010) surely represents a milestone in the Brazilian political history, since it accrued from a new way of social interaction allowed by the usage of communication technology on the pursuit of political morality. As a matter of fact, this bill is a clear example of how a legal act was legitimately proposed through Public Initiative. Hence, it s beneficial to actually make use of the Public Initiative, under the influence of the New Constitutional Hermeneutics, with a view to supporting social claims and promoting a dialogical relationship with the State in order to help it in the decisionmaking process. Thereat, we can achieve important civic spaces through which the fundamental right to democracy shall be materialized, tearing apart the old paradigms of inequality and, thus, promoting social justice

A missão política do Supremo Tribunal Federal: análise de sua importância como corte constitucional para o controle do poder no Brasil

The following study proposes an analysis of the politic process which the brazilian constitutional justice faces, emphasizing the Supremo Tribunal Federal . For that purpose, we start by examining the intimate relationship between Politics and Law, in view of the most recent social systems theories, so that the political system is distinguished by the exclusiveness of using the physical force, intending to make coletive tying decisions, and the juridical system as a congruent generalization of the expectations towards the rules and principles, brought together under an interdependence by which both gather legitimacy and effectiveness. In this manner we can notice the political effects of the constitutional interpretation conducted by Judges as well as by other juridical professionals, because these ones decrease the overload of expectations which are pointed to the Judicature. Constitutional interpretation is democratized since the participative democracy arises and stablishes a permanent state of awareness around the exercise of power and favours the preservation of the pluralism (counter-majoritary principle) where we can find the origin of the democratic nature of constitutional courts, once, in most cases, their members are not elected by the people. After that, we analyse the historical posture of the Supremo Tribunal Federal as a constitutional court in Brazil, so we can realize the attempts to make it vulnerable to the appeals of governability and economical aims, agains which this court somehow has resisted, stressing its particularities. At the end, it s concluded that even the so-called acts of government, whose judiciary control is mostly repelled, are subjected to a constitutional analysis, last frontier to be explored by the Supremo Tribunal Federal in its role of exposing our republican Constitution

A participação popular na elaboração de políticas públicas de desenvolvimento local: um estudo no Município de Serrinha/RN (1997-2004)

The question of participation has been debated in Brazil since the 1980 decade in search a better way to take care of poulation s demand. More specificaly after the democratic open (1985) begins to be thought ways to make population participates of decisions related to alocation of public resources. The characteristic of participates actualy doesn t exist, population to be carried through is, at top, consulted, and the fact population participates stays restrict to some technics interests at the projects, mainly of public politics of local development. Observe that this implementation happens through a process and that has its limits (pass) that could be surpassed through strategies made to that. This dissertation shows results of a research about participative practices in city of Serrinha between 1997 and 2004, showing through a study of the case of Serrinha what was the process used to carry through these pratices in a moment and local considered model of this application. The analyses were developed through a model of research elaborated by the author based on large literature respects the ideal process to implant a participative public politics. The present research had a qualitative boarding, being explorative and descritive nature. The researcher (author of this dissertation) carried through all the research phases, including the transcriptions of interviews that were recorded with a digital voice recorder. Before the analysis of these data was verified that despite the public manager (former-mayor) had had a real interest in implant a process of local development in city, he was not able to forsee the correct process to do it. Two high faults were made. The first was the intention to have as tool a development plan, what locked up to make this plan was the booster of supossed participative pratice and no the ideal model that would be a plan generate by popular initiative. The second one was absence of a critical education project for the population that should be the fisrt step to carry through a politc like that

A coleção mossoroense e a construção dos mitos: Dix-Sept Rosado, o herói imolado

This research comprises a study on the values and ideals attributed to Dix-sept Rosado, by the Coleção Mossoroense journal. Local researchers demonstrate how the Coleção Mossoroense constructs an image of Mossoró, forming in the members of the city an identity with the place, a social cohesion or creating one forms to see and to say about the Mossoró city. The Coleção Mossoroense, through Vingt-un Rosado together with its family, established a form of seeing and identifying of the Mossoró s population with the city, just because it associated and it was, at the same time, a movement at the same time social (civic parties for example), political (the domination of the Rosado s family) and cultural (the books and theatrical parties about the city). The conjunction of the Coleção Mossoroense as and with a social movement, cultural and political was capable to establish a social identity, a subjective constituent . With this background, it was possible to make a study of the image attributed to Dix-sept Rosado, by the Coleção Mossoroense, through an analysis of the inherent discourse in the works by Bakhtin (1989) and Bourdieu (2000), of and on Dix-sept Rosado in the Coleção Mossoroense based on. The image of Dix-sept Rosado was constructed by the Coleção Mossoroense after its death, and the responsible for this was Vingt-un Rosado, which was the chief-editor of the Coleção Mossoroense up to 2006, year of its death. The Coleção Mossoroense built an image of Dix-sept Rosado as an enterprising man, progressive and innovator, of great capacity of leadership and oratory (a conductor of the crowds ), popular and charismatic, an honest and dynamic politician. This image made by the Coleção Mossoroense, although when enhancing in surplus the qualities of Dix-sept Rosado have as objective to transmit an image of a heroic personage, it has some relation with the reality. Dix-sept Rosado was a man identified with its locality. This can resemble a regional nationalism. The attitudes of Dix-sept Rosado must be understood inside of a broader social context, of a time marked by the populist politics. Qualities also appreciated and developed inside of a specific historical context and determined both national and locally. The Coleção Mossoroense enhances the qualities of Dix-sept Rosado so that the current politicians of the Rosado s family can establish a link of continuity in its contemporary political practice

(A)cerca do espaço: a nacionalização da questão agrária pelo MST (1984-2002)

This work has as objective to analyze the social movement called Movimento dos Trabalhadores Rurais Sem Terra and their relation to land reform from the idea of nation. In the decade of its emergence, 1980, Brazilian nationalism was deeply tied to aspirations for democracy and this consisted of a kind of political language of the period that included not only the MST, but also conservative sectors of Brazilian politics. The MST then develop a way to realize their different social function of the movements that preceded it as the Ligas Camponesas, incorporating the element of the nation as political capital to strengthen their practice. This relationship will be studied from a debate on contemporary Marxism and its key concepts.