A cidadania no contexto do estado constitucional democrático de direito brasileiro
The citizenship is a fundamental category to the democratic progress and the development and concretization of human rights, in addition to being one of the essential foundations of democratic contextualized in the rule of law of the Federative Republic of Brazil. That’s exactly why the discussio...
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| Formato: | Dissertação |
| Idioma: | por |
| Publicado em: |
Universidade Federal do Rio Grande do Norte
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| Endereço do item: | https://repositorio.ufrn.br/jspui/handle/123456789/19501 |
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| Resumo: | The citizenship is a fundamental category to the democratic progress and the development and
concretization of human rights, in addition to being one of the essential foundations of democratic
contextualized in the rule of law of the Federative Republic of Brazil. That’s exactly
why the discussion about its concept and content is a paramount requirement to the understanding
and interpretation-application-concretization of the Federal Constitution of 1988, as
well as its democracy, since there is no democracy without citizenship. That is why the general
objective of the research is to determine the characteristics of the citizenship, relating it to
the Law, as well as to discuss (critically) its inclusion in the list of fundamental rights and
delimitate the scope of protection and the limits of this right, in the context of Brazilian law
post-1988 Constitution. The specific objectives are: a) to analyze the concept of citizenship,
its extent and scope, contextualizing it historically; b) to examine the evolution of the legal
and regulatory treatment of the citizenship in Brazilian constitutions, focusing on the 1988
Constitution; c) assess whether citizenship can be considered a fundamental right; d) to investigate
which implications, theoretical and practical, of assignment fundamentality character
to the right to citizenship. This research identifies and deconstructs current conceptual confusions,
such as the lack of distinction between citizenship and nationality; citizenship and
electoral capacity; citizenship and person. It also helps to identify and oppose the generalizations,
as well as the excessively abstract associations which tend to purely metaphysical understandings,
fluid and empty of any content. The main virtue, however, is the proposed of
understanding of the citizenship as a fundamental right and the examination of the relationship
between citizenship and human dignity. In this context, citizenship appears as a corollary
of human dignity and it goes beyond. This (human dignity) requires equality, non-arbitraries,
non-excessive, disproportionate or unreasonable impositions affecting their freedom rights,
and, yet, doesn’t affect a minimum core of possibilities of have to a decent life, in conditions
of freedom and self-conformation involved in the necessary consideration of the individual as
a subject. All of this requires a decision-making process, molded by the citizenship, which
reaches the entire development process of possible state interventions, to ensure the person as
a subject, the right holder and the objective point of reference of the juridical relations. Thus,
the citizenship represents a substantial and beneficial addition to the human dignity, since the
emancipated citizen is a person, formally and materially, qualified, to be able to build their
own and collectively organized history, to participate effectively in the making processes decision
juridical and social |
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