O direito de resistir ao direito: a experiência do movimento dos conselhos populares (MCP) na ocupação raízes da praia e os limites e possibilidades da afirmação constitucional do direito de resistência

Abstract

This work concerns the right of resistance to the legal system in cases of extreme violation of fundamental rights, such as homelessness, from the forms of struggle by the Movement of Popular Councils (MCP). It analyzes the right of resistance by the praxis of the popular movement as a way of realization of democracy and political pluralism, the principles contained in the constitutional order, and as a tool for building political power from the grassroots organization. Contextualizes the phenomenon of resistance from its historical expressions, so that, on one hand, are characterized the origins of liberal legal thought on the political right of resistance, and other changes to express these concepts through the contributions of the theory Marxist resistance to interactions with the institutional system. The forms of resistance to the occupation Roots Beach, organized by the MCP, establish the conditions under which the right of resistance could be exercised. Furthermore, the analysis of the intervention of the state apparatus in the case reveals the contradictory discourses and attitudes of the judiciary in regard to the conflict between a powerful economic group, owner of an abandoned for over 25 years, and eighty families in the organized movement popular. Through interviews and activities experienced in the community, resistance emerges as a key element for the realization of housing rights and the internal organization of the community, guided by the values of autonomy and community solidarity. It ensures these acts of resistance, the construction of the meaning of the right to housing for those who had routinely violated this law. From reading the authors of Marxist influence stands out in an extremely unequal society and oppressive, the resistance of the oppressed as the only alternative to seeing his fundamental rights. Thus, perceiving themselves as the resistance inherent in the existence of any democratic regime that it is stated, there is the Brazilian constitutional order and their role in such conflicts. From this perspective, resistance can be understood under the aegis of the democratic principle, as an implied right to constitutional order, from the reach of § 2, art. 5. Regarding the social-political aspect, the resistance is also in the form of radical democracy, especially from the grassroots organization marked by the construction of political power “desde abajo”.