A legitimação do estado democrático de direito por meio da participação democrática: mecanismos de atuação direta do cidadão-contribuinte no orçamento público

Abstract

This paper intends to do a search about constitutional theories and political theories so that we can justify a higher participation of the citizen-taxpayer in the discussions about lhe public accounts. The claim for greater inclusion of citizens in the dicuss about the public budget is fundamented in a need to legitimize lhe power of taxation in popular sovereignty, since it is in open crisis of legitimacy caused, among other reasons, by lhe crisis of government 's representation. The indicative of thi crisis of representation is observed mainly by the verification, by lhe people, that the public services essential for lhe safety of fundamental rights are poorly provided, jeopardizing public trust in the government. It should be noted that an expansion of democratic partícipation must be in accordance with the limits of the Constitution and must therefore be made by in titutional means, so that the two pillars on which stands lhe Brazilian state, which are the law and democracy, are balanced, which shows that there is an urgency in creating laws and instruments that enable of clearing lhe channels for communication between representative and represenled in order that it is possible to approach the concretion ofthe purposes o lhe Democratic State of Law.