O CONTROLE JUDICIAL DE CONSTITUCIONALIDADE DA DEMOCRACIA PARTICIPATIVA NA LEI DE INICIATIVA POPULAR: Um estudo de caso a partir do julgamento pelo Supremo Tribunal Federal da (in)constitucionalidade da Lei da Ficha Limpa em relação à presunção de inocência e à irretroatividade das leis

Abstract

The possibility and intensity of judicial review of participatory democracy in the popular initiative bill from the judgment by the Supreme Court of the Brasil of LC 135-2010, Law of Clean Record. After dealing the concept and evolution of direct and representative democracy to participatory democracy. Analyze the contours of democracy in the Brasil Federal Constitution of 1988 and the tension between democracy and the rule of law. Discuss to the various theoretical approaches to democratic deliberative aspects proceduralists and substantialists. The second step is to describe the political rights as fundamental rights, its concept, features and restrictions procedure. In a third step we discuss the legitimacy of judicial review in a democracy, addressing the various existing currents and contextualizing the legal reality and brazilian politics. Finally, it explains on the LC 135-2010, its participatory democratic formation and critically analyzes the reasons for the decision of the Brasil Supreme Court which ruled their (in) constitutionality.