Direito de participação na gestão do estado : uma garantia constitucional

Abstract

The present dissertation begins with brief observations about the evolution of the historical concept of democracy and its theoretical basis, followed by elucidations on the representative system’s frailties and its direct combination with democracy. The monograph approaches the State’s democratic evolution and assertion of participatory democracy, within the necessary coexistence and combination with political representation, as the Democratic State of Law’s structure. In this perspective, the social participation in the constitutional outline is analyzed from the fundamental precept of citizenship and other instruments of direct democracy established by the Federal Constitution. The central theme lies in the defense of social participation in the State’s organization and management as the citizen’s constitutional guarantee, which derives from political citizenship and instruments of direct democracy, from the popular councils until all the democratizing directives of the Democratic State of Law. The effectiveness of the constitutional guarantee of social participation in the State’s management is defended by the sufficiency of the constitutional provisions guaranteeing citizenship and direct democracy, through the understanding of the unnecessary regulation and its limits, likewise the exemplification of adequate infra-constitutional legislation and eventual unconstitutionalities by restriction. Concurrently, the State’s power-duty and rulers are defended on the induction and guarantee of the effectiveness of social participation, as well as the limits of the institute. Some successful experiences in the State’s management, in the Executive, Legislative or Judicial Powers are highlighted not only as defense but also to imprint the importance of social participation. The conclusions find their essence on the defense of social participation as a constitutional guarantee, necessary and fundamental to the public management’s democratization, exercised as a citizenship’s fundamental right and combined with the political representation system.