CRISIS OF DEMOCRACY AND LACK OF POLITICAL REPRESENTATION IN BRAZIL AFTER CRFB/88 - PROPOSAL OF OVERCOMING THROUGH THE NEW LATIN AMERICAN DEMOCRATIC CONSTITUTIONALISM

Abstract

This article deals with the current crisis of representative democracy in Brazil in the period after the Federal Constitution of 88, as well as the proposal to overcome it through the named new Latin American constitutionalism or Andean constitutionalism. To this end, it starts from the idea that democracy represents, since implemented in most Western countries in the transition to Modernity, has invariably been suffering attacks that demanded its improvement. In recent decades, due to the process of globalisation and the unbridled and unregulated expansion of the liberal agenda, with the consequent increase of social inequality and unemployment, as well as significant environmental damage, distrust of the democratic regime has intensified. Brazil, in the post-redemocratization period, witnessed the departure of two legitimately elected presidents, which shakes confidence in the political system. Popular manifestations of mistrust regarding the legitimacy of the National Congress and the organs of the Judiciary Power are increasingly intense and frequent. Precisely in recent years, the implementation of a market agenda, focusing on social security and labor reforms, which have taken away the rights of the population without significant improvement in wages and unemployment has worsened the situation. At this point, the new Latin American constitutionalism, by proposing a more participatory and inclusive model, encompassing the traditions, political and social institutions and way of living of the original people, historically marginalized from the political process of the continent, may contribute to the improvement of the representative democracy, specifically in Brazil because of the fact of being a country constituted by a plurality of peoples, both those originating and those from imigratory currents.