Author:

HELOISA DE CARVALHO FEITOSA VALADARES

Abstract:

This dissertation aims to analyze the alleged crisis of representativeness experienced in Brazil and discussed by theorists simultaneously. The representation, figure from the scope of private law, is maximum example paradoxes of democracy, originally intended as a Government of the people. Their integration in the theory of democracy is accompanied by the expansion of the extension of suffrage, making it a political law regardless of the social status of the citizen, but operating a considerable reduction in relation to the depth of the aggregate voting powers. From the strengthening of this model of representative democracy, the main feature of democracy, which is the popular sovereignty, loses prominence, occurring a confusion in assigning subjective rights democratic character and the freedoms provided by the States. It is observed that this transformation suffered by democracy is arising out of the system of capitalist production disseminated, especially, from the second world war and the consequent need for property assurance and perpetuation of the mechanisms of accumulation of goods. It is proposed therefore a deeper investigation of the democracy‟s tensions, in order to clarify whether the crisis of representativeness suggested in fact exists. Parting of the analysis of classical models of democracy, in a more descriptive and interpretive perspective, for further discussion about this alleged crisis to the Brazilian context. As centered work on an applied social science, darts hand of the blend of legal research-understanding and propositive legal methods, from the proposed approach suggested in legal and social scenario concerning the measures that will decrease the sense of crisis of representation, with the subsequent valuation of these proposals. The prospective and purposeful operation not bearing the claim to resolve the democratic deficits of Brazilian model, is only the intention to provoke reflection and dialogue about possible alternatives, although not likely to materialize in the short term.