Desobediência civil: uma análise jurídico-social sob o prisma da constituição brasileira de 1988.

Abstract

The people have always fought for change and constantly see their rights being abused, in most of the times by the State. This work was carried out by methods exegetic-legal, historic-evolutionary bibliographic, to be relevant contextualize the modem events, principally because it is legal science of social sciences and, therefore, influenced by historical antecedents, which according to the dialectic of Hegel (1979), are unfinished processes. Objective is examine the Civil Disobedience, more specifically concerning the question about the possibility of entering the legislation, so by comparison with the Law of Resistance already placed in the Federal Constitution and the correlation of social events with the institute in question. The theme of Civil Disobedience is a complex and exciting. This is the law positive recognize specific moments in the right to disobey it. There is a need to build a concept for the Civil Disobedience in order to create a template to be applied to situations when are to be examined, as a means of recognizing the presence, or not, of the institute, differing the Disobedience with the social purposes of disobedience free and selfish. The following question then arises: there may be Civil Disobedience in a democratic system while respecting the constitutional order? In this study, the central hypothesis is based in the Brazilian Federal Constitution and other rights of Resistance already consolidated in law, and Civil Disobedience that is above all a fact, but seeks to examine the possibility of inclusion in planning in order to provide greater legal certainty for those who need the institute.