A CF/88 como instrumento de contenção ao neoliberalismo e o resgate do estado constitucional ante o limiar entre democracia e pós-democracia

Abstract

Post-democracy can be considered as the form of State designed to accommodate ultraliberalism in the structures of society, replacing and appropriating the Democratic State of Law by a form of government characterized by little or almost non-existence of democracy in its social and legal order. The present work seeks to demonstrate the relationship between the Democratic State of Law and fundamental and social rights. The perspective addressed is based on the realization of fundamental and social rights combined with the protection of the Principle of Legality in order to contribute to the rescue and maintenance of the Democratic State of Law. The present work also addresses the question of the advance of the authoritarian imaginary in the structures of society, mainly in the ideological psychic scope, in order to operate a kind of colonization of the “symbolic imaginary”. But it also brings, on the other hand, the idea that overcoming this authoritarian imaginary that tends to hamper constitutional rights is also done through the use and instrumentalization of this same “symbolic imaginary”. In addition to the symbolic field, this monograph also seeks to combat the neoliberal advance on other fronts, such as in the field of economics and law. Within the field of economics, bills are addressed that intend to carry out an audit of the public debt and propose a reduction in the interest rates practiced in the country. Both proposals aim at aligning the economy with the Principle of the Economic Order contained in article 170 and also with the reading of article 3, both of the Constitution. The other Constitutional path proposed in the work that aims to contain neoliberalism in the structures of the Brazilian State concerns the functional performance of the members of the public prosecutors. In view of the need to make the Public Procuratorate's performance more in line with democratic and constitutional precepts, two bills will be analyzed: one of them is Proposal of Constitutional Amendment 05/2021, which intends to change the composition of the National Council of the Public Procuratorate and the other is the Law Project 5282/19, by Anastasia/Streck, which proposes the inclusion of two paragraphs in article 156 of the Code of Criminal Procedure, in order to restrain the “strategic action” of public prosecutors, forcing them to bring to light all the evidence of the process, thus benefiting both the plaintiff and the defendant. In this way, priority is given to the search for the truth of the facts contained in the process. Having said that, it is observed that the present work, aiming to combat the neoliberal advance, proposes measures both in the symbolic psychological fields and in the field of effecting laws of bias, both economic and legal, recognizing, therefore, that neoliberalism is fought by covering it by all possible sides. On the threshold experienced between Democracy and post-democracy, the intent of this monograph aims not only to combat neoliberalism but also and mainly to maintain constitutionally guaranteed fundamental and social rights.