POPULAR CONSTITUTIONALISM AND DEMOCRATIC CONSTITUTIONALISM: THE CASE OF HOMESCHOOLING IN BRAZIL

Authors

  • Francieli Micheletto de Siqueira UNICURITIBA
  • Felipe de Poli Siqueira
  • Lara Bonemer Rocha Floriani

DOI:

https://doi.org/10.26729/et.v19i1.3169

Abstract

Constitutionalism is closely linked with democracy. Both are concepts that approximate, overlap, and intend. But this intend must be properly understood so that deliberation on matters of interest to society can rearticulate these concepts. To this end, the contemporary theories of Popular Constitutionalism and Democratic Constitutionalism aim, in common, to strengthen the people as constitutional subjects, seeking to reconcile constitutionalism and democracy. Based on these premises, the controversial case of homeschooling is presented, which was the subject of discussion in the Federal Supreme Court, which decided, by majority vote, to dismiss Extraordinary Appeal 888815/RS, establishing the thesis that there is no subjective public right of individuals to homeschooling, which is non-existent in Brazilian legislation. In this way, the main objective of this article, using the hypothetical-deductive method and descriptive research, as well as the consultation of texts, articles and works related to the theme, is to verify if it is possible the contemporary constitutional theories presented articulate with the question constitutional of homeschooling. Finally, it was observed that the political authority of the people in the interpretation of the meaning of the Constitution, added to the other constituted powers, is legitimate and primordial for the solution of controversial cases and of great controversy.

Published

2020-08-29

Issue

Section

Artigos Seção Geral