ATOS (ANTI)DEMOCRÁTICOS EM TEMPOS ILIBERAIS A AUTODEFESA DEMOCRÁTICA NA CONSTITUIÇÃO BRASILEIRA E OS LIMITES À LIBERDADE POLÍTICA (original) (raw)

2024, Dissertação de Mestrado

This dissertation examines the phenomenon of radical right illiberal populism and its impact on contemporary democracies. The study addresses the historical and conceptual evolution of the radical right as a socioeconomic and political phenomenon, elucidating some of its specific characteristics and how they manifest in different countries. From the perspective of the theory of defensive or militant democracy, the study traverses the historical evolution of legal mechanisms dedicated to the restriction of radical contents and the maintenance of constitutional democracies, analyzing three specific currents. With a particular focus on the Brazilian context, the research identifies and discusses the challenges that radical right movements impose on democratic regimes in current jurisprudence and legislation. Finally, it assesses how the Brazilian Constitution has been employed to limit the exercise of political freedoms, whose content opposes the protection networks of the democratic order and the safeguarding of civil liberties, in the form of its teleology. The dissertation concludes by posing questions to the different theoretical currents that propose to analyze the constitution, suggesting paths that could still be explored in the face of the illiberal threat. Using a qualitative approach, the research analyzes contents of legal documents, decisions from higher courts, and parliamentary documents, complemented by a systematic review of the most recent literature on the subject, aiming to be, as much as possible, an integrative review of the debate in question.

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