O direito de reunião, a democracia e os movimentos sociais: a importância da sua adequada regulamentação

Abstract

The present work proposes an analysis of the right of assembly, understood as a secular right of communication between the "demos" and the "polis", being also a strong indicator of the democratic quality of a state, thus displaying a universalist claim. . For it operationalizes the creation of rights and conflict, essential to a democratic regime. The normative paradigm of analysis is centered on the right of assembly as a fundamental and political right, institutionalized by the 1988 Constitution. Thus, the work highlights the relationship of the right of assembly with popular demands, social movements and other acts. demonstration publics. In demonstrating this relationship and its troubles, the research warns about the criminalization of social movements and about the legal-normative limbo regarding the right to collect their guarantees and their limits. This normative absence (lack of regulation) added to the hermeneutic abstractions related to the wording of Art. 5, inc. XVI of the Federal Constitution of 88, has allowed state agents (law enforcers) to act with arbitrariness in the deal with this right. Methodologically in the present work was used the method of interdisciplinary research being shaped as a research of qualitative, bibliographical and exploratory nature by the method of dialysis. Thus the research aims to understand the construction of practical reality due to misunderstanding and lack of regulation (rules and guidelines) to the right of assembly, and how this reflects on the relationship of the state with social movements and acts of public manifestation.