A adoção do recall no Brasil: uma análise do direito de revogação do mandato como instrumento legitimador do controle do poder político

Abstract

This monograph aims to debate the recall, an institute of participatory democracy that guarantees the popular exercise of the right to revoke the political mandate. The dogmatic-legal analysis of this institute, made through literature review and the use of comparative law, has the need to improve the Brazilian democracy and the presidential system in the country, in the context of the most serious political crisis since the redemocratization, as its research problem. The recall, or right to revoke the political mandate, appears as a valid alternative to the legitimacy of control of political power in Brazil, being the necessity and the possibility of its adoption, in the country, the hypotheses of the present research. For the proper understanding of this object, it is initially analyzed the democratic and representative systems. In that view, the systems of government and ways of interrupting the mandate of the head of government based on the control of political power are also examined in this monograph. Therefore, the recall is analyzed here as an institute of direct democracy, tanking into consideration the advantages and the disadvantages associated with its use and its provisions in comparative law. Finally, this monograph seek to understand the possibility of its adoption in Brazil, based on the Proposed Amendment to the Constitution nº 73 of 2005.