O USO DOS INSTRUMENTOS CONSTITUCIONAIS DA DEMOCRACIA DIRETA

REFLEXÕES PARA O APERFEIÇOAMENTO DA DEMOCRACIA BRASILEIRA

Abstract

This article analyzes the current situation of representative democracy in Brazil, specifically the Brazilian democratic constitutional regime, the way in which political power is exercised and its basic premises, as well as investigates the use/effectiveness/implementation of the instruments made available to citizen for direct participation in the political debate, especially the plebiscite and referendum, and whether there is feasibility in improving these mechanisms, or in the implementation of proposals aimed at improving the democratic apparatus. It uses the deductive method, and exploratory research, which involves bibliographic studies, and, for that, we dialogue with Bobbio (2006b), Arendt (2007), Canotilho (2002), Santos (2000/2002), Barroso (2006), Dallari (2010), among others. The general objective of the article is, therefore, to critically analyze and understand the respective theoretical-normative complex that makes up the current Brazilian democratic political structure, whose paradigm is constitutional. Specifically, the text aims to reflect on the direct popular participation in the realization of the democratic regime, Investigate the instruments made available to the people in achieving democratic ends and whether such mechanisms are effective in terms of use, and finally suggest strategies for the improvement of democracy specifically regarding the use of plebiscite and referendum. We conclusively defend that popular participation needs to advance in Brazil, as one of the ways that we consider urgent and necessary for the improvement of the Democratic State, using the instruments of direct democracy expressed in the Constitution - Plebiscite and Referendum - as necessary and mandatory when the topic debated in the National Congress refers to Fundamental Rights and Guarantees, the recipient of the Rights must, necessarily, manifest itself, under penalty of true fraud to the guarantee system instituted by the Original Constituent.