SOCIAL MOVEMENTS:

REFLECTIONS ON THE TRANSITION FROM THE MILITARY REGIME TO THE DEMOCRATIC RULE OF LAW, WITH AN EMPHASIS ON THE DIRECTAS JÁ SOCIAL MOVEMENT AND ELECTORAL EVENTS IN 2022

Authors

  • Leandro Barbosa de Araujo Advogado

DOI:

https://doi.org/10.14295/revistadaesmesc.v31i37.p175

Keywords:

Social movements, Democracy, Freedom of expression

Abstract

Brazil has been marked by numerous social movements, such as the armed revolution, which exerted great pressure against President Floriano Peixoto, as well as the federalist revolution, among others. Both left a mark of social confict in the country. From the beginning of the military regime, social movements began to demand a government that would efectively defend citizens’ rights, with an emphasis on greater social freedoms. In this context, the direct action movement has already played an important role in Brazilian society. Based on these considerations, the aim of this study was to analyze the transition from the military regime to the democratic rule of law and the important role of social movements in this transition, with the aim of maintaining the democratic regime through “popular sovereignty”, as stipulated in article 14 of the 1988 Constitution of the Federative Republic of Brazil (CF/88). For this research, bibliographic, normative, international and national sources were considered, as well as judicial decisions and informative material published on websites. As a result, it was possible to identify that there is a need to defend citizens’ rights to freedom, however, without neglecting the possibility of providing greater security for demonstrations, preventing cases of vandalism and acts that compromise the security of the nation, and if these occur, the due investigation of possible guilt or intent in the conduct, with individualization of these and, taking into account the legislation in force, the due punishment, but without disregarding the importance of the right of social movements to demonstrate for the nation.

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Author Biography

Leandro Barbosa de Araujo, Advogado

Graduado em Direito. Graduado em Licenciatura em Sociologia. Graduado em Licenciatura em Filosofa. Pós-Graduado em Ciências Humanas e Sociais Aplicadas e o Mundo do Trabalho. Pós-Graduado em Direito Penal e Processual Penal. Pós-Graduado em Direito Constitucional. Pós-Graduado em Direito Administrativo e Gestão Pública.

Published

2024-12-19

Issue

Section

ARTIGOS