Deveres fundamentais e soberania popular: a desobediência civil como mecanismo de participação democrática e promoção de direitos fundamentais

Abstract

The article aims to analyse the civil disobedience as a useful instrument for the purposes of the exercise of direct democracy in cases in which they glimpse the edition of unjust laws or that violate rights. It is argued that, in the face of the inefficiency in the employment of mechanisms of direct democracy and of the patent crisis of legitimacy of representatives, the Brazilian people is detached from political tensions that underpin the creation of laws and measures on the part of the government, being the disobedience a non-institutionalized, but effective, political demonstration against unjust laws. In addition, it will seek to demonstrate that, in addition to a fundamental right or a moral duty, civil disobedience, in the light as the republican and democratic principles, can be understood as a fundamental duty to be practiced in situations in which the law or governmental action considered unjust repress rights laid down in the legal system.