Constituição como comunidades de resistência: luta territorial e conjuntura da Nova República

• Ano de defesa: 2021
• Autor(a) principal: Luiz Fernando Vasconcelos de Freitas
• Tipo de documento: Tese
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Universidade Federal de Minas Gerais; Brasil; DIREITO - FACULDADE DE DIREITO; Programa de Pós-Graduação em Direito; UFMG
• Palavras-chave em Português: Constituição; Conjuntura; Comunidades de resistência; Povo em luta; Ocupações urbanas; História do direito; Brasil. [Constituição (1988)]; Direito - História; Resistência ao governo; Direito à moradia
• Link de acesso: http://hdl.handle.net/1843/44072; https://orcid.org/0000-0001-9968-6767

The present study presents a reflection about the current political-legal scenario in which Brazil is immersed, seeking to think meanings of the Constitution in face of the crisis of a deconstituent process. Therefore, it begins with an analysis the arrisal of the civil military-business dictatorship of 1964-1985, its form of operation and crisis, and then address the democratic transition with its tensions until the promulgation of the Federal Constitution of 1988. The text addresses three pillars of the New Republic that assemble a permanent obstacle to the realization of a democratic Constitution: the design of the political system, the economic model and the Military State that clashes with a fourth pillar - the 1988 pact’s promises of inclusion and equality. After that, the June 2013 Journey are seen as a political event that opens up multiple voices to question the political system. A three-way cut out from the meanings of the 2013 manifestations is made: a revolutionary perspective, a reformist one and the conservative conception that gained substance in society until the impeachment of Dilma Rousseff in 2016. It is stated that, in reality, there was a coup that aimed to increase the dependent character of our economy as well as intensify the overexploitation of labor by realigning the country to the dictates of neoliberalism. This project is analyzed in the extension of the election of Jair Bolsonaro to the Presidency of the Republic and the devastation made by a militarized and fascist government. Faced with this conjuncture, the Constitution starts to be thought tied to the idea of community and resistance, a moment in which the urban occupations of the homeless are seen as a people in struggle for the security of their rights. The meaning of ‘people” is pointed out from territories that exercise the right to resistance as a direct confrontation to the system, but tactically using civil disobedience as a way of building the struggle. The text concludes with political bets based on occupations that can be exercised to postpone the end of the New Republic and gather strength for a new sociability in the country.