Direito e luta popular: o plebiscito popular constituinte como marco na construção de novas juridicidades

Abstract

The following essay aims to analyse the core features and the juridico-political conditions of the possibilities emerged from the campaign Plebiscito Popular por uma Constituinte Exclusiva e Soberana do Sistema Político (Popular Plebiscite on an Exclusive and Sovereign Constituent [Assembly] on the Political System) through thinking of Law as a construction arisen from the political struggle within society and state in a historical moment, as well as the role of the popular movements in it. To this end, at first, it is delimited a dialectical-materialist theoretical framework containing the fundamental categories that guided the research, and it is studied the organizational procedures and the nature of the campaign, in such a way as to frame it as a popular struggle. Out of the groundbreaking proposal borrowed by the social movements – to call a an exclusive and sovereign constituent assembly whose only goal is to review the political system –, two main issues, which are subsequently explored, emerge. Thus, in the second chapter it is analysed the connexion between the reasons and objectives of the Plebiscite and the constitutional recent past by treating it as a resumption of the historic struggle of the social movements for an exclusive Constituent National Assembly during the re-democratization period. In the third chapter, bearing in mind the juridical uniqueness of this proposal, it is provided an overview of other proposals similarly arisen from the ruling power, as well as the main debates and criticism brought up in the political and juridical fields. Eventually, it is analysed the debate that came to light in the campaign itself, as well as the its main features considering the theories of the constituent power, in such a way as to understand it as an attempt of activating this power and giving it legitimacy on the construction of a new jurisdiction.