Movimentos sociais e coautoria constitucional [thesis]

Hazenclever Lopes Júnior Cançado
Autorizo a reprodução e divulgação total ou parcial deste trabalho, por qualquer meio convencional ou eletrônico, para fins de estudo e pesquisa, desde que citada a fonte. ABSTRACT Cançado Júnior, Hazenclever. Social Movements and Constitutional Co-authoring. 149 pages. Masters -Faculty of Law, University of São Paulo, 2018. Constitutional Courts have established themselves as indisputable battlefields over interpretations and meanings, and universalized a language of rights that confers
more » ... te to culture. Its jurisprudence points to the relevance of its role not as a primary actor, but rather as one of the spaces for dialogue between public branches and civil society capable of promoting change, even in the face of intense popular reactions. In this conception, marginalized and informal social actors acquire legitimacy to make their narratives visible and to rule their agendas. The hypothesis submitted to scrutiny in this research is that social movements act as constitutional coauthors through the public sphere when channeled by a constitutional law that is both accessible and responsive to diffuse re-readings in society. Within a deliberative democracy model whose epistemic value lies in the argumentatively qualified participation of all those interested in the processes of collective decision making, social movements are able to shape the constitutional culture and carry out constitutional politics that generates social transformations through the questioning and rearrangement of social institutions and discourses irrespective of ruptures or the sporadic energizing of foundational or constitutional moments. In this conception, transformative politics is operated by civic participation in ordinary institutions and processes -such as the judicial -and extra-institutional -such as civil disobedience. Thus, the culture of constitutional rights, interpretations and meanings becomes a framework for the agency of constitutional actors.
doi:10.11606/d.2.2019.tde-30072020-142016 fatcat:q2p27ggvkrdtjiyxej5alovjnm