Ação popular como histórico jurídico-constitucional do Estado Democrático de Direito.

Abstract

The Popular Action is a legal action provided in the Federal Constitution, it at article 5, LXXIII, where the constituent gave citizens the power to annul any harmful act to public property or entity in which the State participates, administrative morality, the environment and the historical and cultural heritage. It is a mechanism of supervision of public authorities in the protection of diffuse rights, as well as political and private agents to maintain some kind of relationship under the legal regime of public law, receiving public treasury resources. The research method used was the inductive method, where it is part of the private data analysis as jurisprudence, infra legislation and literature to the general, such as the legitimacy of the citizen for bringing the aforesaid action and its commitment to support the Right Democratic State. Therefore, the popular Action constitutional presents a suitable means of popular participation in the management of state activity with the aim of ensuring respect for democratic institutions and facilitate the social welfare. Similarly, the said institute unfolds as potentiating tool of democracy, as it allows the interference of the citizen, holder of the sovereignty in the constitutional legal framework, not only in the sphere of choice and legitimation of representatives, but similarly under the powers that be. It concluded that the Popular Action is a judicial instrument against harmful and illegal practice of administrative acts that harm social interests granted to holders undetermined. This way, the above action is a means of safeguarding democracy, enabling the democratic state can achieve its public purpose, implementing justice, peace and social welfare