A participação popular como forma de efetivação do estado democrático de direito no Brasil.

Abstract

Brazil is a country where the Democratic State of Law is established and therefore adopts the maxim that all power emanates from the people. However, to understand the effectiveness of the form of government that was set up , it is necessary to examine how the power of the people exteriorizes itself, as well as what are its modalities of participation and if this interference in the public space is concrete. Doing a study of Brazilian democracy is necessary to examine how popular activism happens and if it is actually guaranteed by the Federal Constitution of 1988. It is very important to research whether people are being educated so that they know the possibility of influencing in decisions, not only in an election year, but at any time. An effective popular participation only happens when citizens are true sources of law and when they have the ability to intervene in public decisions. Thus, it is necessary for the laws to be a manifestation of reality and popular aspirations, but it’s also for the legal system to ensure citizens the opportunity to exercise their sovereignty in public consultation or legislative initiatives from the general longings. Social participation has the character of impact in public affairs, not only from the vote, but also from the plebiscite, the referendum, the initiative and the popular action, so that, only by this way, the objectives set out in a Democratic State of Law are effected. Methods for the procedure will be historical, comparative and functionalist, since the present work is based on the analysis of popular participation in Brazil along the constitutions making a comparative from the social situation exerted by the people to design this scenario. For the implementation the deductive method will be used, starting from a general understanding of popular participation to verify the effectiveness of the Democratic State of Law. Will be operated by the direct documentary research, through the bibliographic research by books, magazines, monographs and electronic articles, as well as brazilian law.