Das ruas ao parlamento: análise da (in)constitucionalidade dos projetos de lei que regulamentam o direito fundamental a manifestação

Abstract

This works aims to examine the constitutionality of the draft federal law arising from June 2013 governing the exercise of the fundamental right to demonstrate. The June Journeys of 2013 came from São Paulo after the announcement of the increase in fares of public transport and have spread across the country with several other agendas. The demonstrations received widespread coverage in the media, especially with regard to acts classified as criminal offenses. The people who took to the streets were divided by the Brazilian media into two groups: protesters and vandals or infiltrates. The occurrence of illicit was mainly related to the use of masks. Under the pretext of curbing crimes during demonstrations, were proposed several bills that regulate the right to demonstrate, mainly by establishing restrictions on the exercise of this freedom. Initially, an analysis of the concept of manifestation and its forecast in the 1988 Federal Constitution will be made as well as a brief overview on the June days. Then we analyze the conceptions of the extent of factual support for fundamental rights and the internal and external theories that explain the limits and restrictions on the rights to that is adopted for the purpose of assessing the compatibility of projects with the constitutional order, one that is more suitable for the protection of these rights. Finally, examination of the constitutionality of the rules will be provided in the federal bills that provide for the right to demonstrate.