Direito e democracia nos subsistemas políticos do Brasil: o caso legislativo cearense

Abstract

The present work from the epistemological analysis of the Law phenomenon with the objective to place it in the task of social implementation. Here the central point of the argumentation consists in the observation that Law can not be dissociated from the plural context which is inherent any society that is organized under the perspective of the democracy theory. The criticism of the positivist formulation of Law is accomplished by modern concepts that include the social reality as presumption of application of the Law. In a second moment, the work investigates the institutional behavior of the Legislative Power, starting from the concept of plurality of the Law, with its limits and history of activities. In this sense, the investigation accomplished about a subsystem of the Legislative Power - the Legislative Assembly of the State of Ceará - reaches a conclusive possibility. In spite of the political deficiencies of this subsystem, there is, from the point of view of the Legislative's institutional structure, the potentiality of significant intervention in the local political life.