Direito de reunião na constituição federal: análise jurídico-dogmática e exame da jurisprudência do STF à luz da teoria liberal dos direitos fundamentais
This study aims to conduct a juridical-dogmatic analysis of the right to assembly in the Brazilian Federal Constitution, based on the liberal theory of fundamental rights and German law. Within this theoretical framework, the most relevant decisions of the Supreme Court (STF) regarding the topic und...
Na minha lista:
| Autor principal: | |
|---|---|
| Outros Autores: | |
| Formato: | bachelorThesis |
| Idioma: | pt_BR |
| Publicado em: |
Universidade Federal do Rio Grande do Norte
|
| Assuntos: | |
| Endereço do item: | https://repositorio.ufrn.br/handle/123456789/53762 |
| Tags: |
Adicionar Tag
Sem tags, seja o primeiro a adicionar uma tag!
|
| Resumo: | This study aims to conduct a juridical-dogmatic analysis of the right to assembly in the Brazilian Federal Constitution, based on the liberal theory of fundamental rights and German law. Within this theoretical framework, the most relevant decisions of the Supreme Court (STF) regarding the topic under study were examined. To achieve this, a bibliographic method was used, consulting legal doctrines, scientific articles, legislations, and jurisprudential decisions from both the STF and the German Federal Constitutional Court. In terms of results, the term “assembly” was conceptualized as the gathering of at least two individuals in a physical and open space, which can be either permanent or transitory, motivated by a common purpose of coming together, characterized by the intent of transitoriness, and with minimal internal organization, for a collective purpose. It was concluded that protected assemblies are those that are peaceful and without the use of weapons. Subjectively, it was deduced that this constitutional right can be exercised by Brazilians, foreigners, residents, non-residents, individuals, and legal entities, with the latter being organizers. Regarding constitutional limitations, it was inferred that the right under study is subject to possible restrictions derived from the qualified implicit legal reserve of prior notice, potential conflicting constitutional rights, and the general limits established by the Constitution. However, it was found that limitations to the exercise of this right must respect an explicit limit within the limit, as expressed by the phrase “independently of authorization”. In the final stage of the study, the judgments of ADPF 187-DF, ADI 1.969-DF, and RE 806.339-SE were critically examined, based on the three-phase method of the liberal theory, which revealed the correctness of the decisions rendered. Based on these conclusions, the aim is to contribute theoretically to the understanding of the right to assembly in the Brazilian legal system, offering a more objective and predictable dogmatic approach that reconciles legal certainty with the protection of fundamental liberties. |
|---|