Relação entre a democracia, a liberdade e a igualdade : construção da regra de proteção dos cidadãos

• Ano de defesa: 2019
• Autor(a) principal: Esteves, Alan da Silva
• Orientador(a): Molinaro, Carlos Alberto
• Tipo de documento: Tese
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Pontifícia Universidade Católica do Rio Grande do Sul
• Programa de Pós-Graduação: Programa de Pós-Graduação em Direito
• Departamento: Escola de Direito
• País: Brasil
• Palavras-chave em Português: Relação Democracia-Liberdade-Igualdade; Teoria dos Círculos Sociais; Posição Jurídica
• Palavras-chave em Inglês: Relationship Democracy-Freedom-Equality; Theory of Social Circles; Legal Position
• Área do conhecimento CNPq: CIENCIAS SOCIAIS APLICADAS::DIREITO
• Link de acesso: http://tede2.pucrs.br/tede2/handle/tede/8841

Democracy relates to the practices of freedom and equality to capture how to build the rule of protection of citizens. The problem is to understand why legal and social theories and practices are far apart and how to approach them. The methodologies of the research were inductive and hypothetical deductive, within qualitative and quantitative typologies, because data from social history, doctrines, realities and constitutional practices were collected, all to infer some general element of the relation between democracy and its experiments of freedom and equality. The general environment has inferred the particular steps to construct a theory of legal position, especially in considering that citizens have an abstract position, a real position in social circles, and that it will be necessary, in order to construct their rule of protection, to lead some or many in a precarious situation , to an ideal position, or in an ideal part. The result was that democracy needs the system of interventions or the rule of law, when people can not extract legal assets from their social relations. This happens through legislation, hermeneutics, interpretation and exegetical process. Democracy has the fixation by means of bringing an improvement of life to a greater number of citizens and, for its greater effectiveness, there is the appeal to the principles. Thus, the thesis is: democracy is a methodology to discuss and adhere to principles. The structure of the research is based on the theory of social circles of the jurist Pontes de Miranda, its theoretical basis. It recognizes that various terms studied have dualities, such as people and minorities. In order to build the rule of protection of citizens, it is necessary to view the law broadly and to have a concern how to periodically measure the effectiveness and effectiveness of those rights. The fact is that the ruling people, who form the structuring of the rights to distribute them, are composed of people who command the so-called symmetrical center of social circles. Such people created an abstract world as if they wanted to imprison realities. In this sense, rights appear as possibilities or promises; other times, encountered when brought about by interpretations; others, still only having part of effective. It is interesting to note that there is a kind of people, who may even be within the ruling people, formed by people who are lovers of free reflection and adept at socialization. It is understood that such people perceive that what is juridical and what is not juridical in separating the process of adaptation of the right of others who desire the preponderance in history, as: the economic, the political, the moral, etc. They follow the primer that the legal operates when working for continuous coexistence and social balance. Democracy will present itself with the various concepts that lead to multiple meanings. The theory of legal position to construct the rule of protection appears when legal and social theories and practices approximate in the present law the content of the "between" social processes. It is visible when one has the balance and the coexistence of all.