Banca de DEFESA: João Costa Ribeiro Filho

Uma banca de DEFESA de DOUTORADO foi cadastrada pelo programa.
STUDENT : João Costa Ribeiro Filho
DATE: 13/05/2025
TIME: 14:00
LOCAL: AUDITÓRIO MIROSLAV - FACULDADE DE DIREITO - UnB
TITLE:

Impeachment as a Substitute for Recall: Theoretical and Historical Foundations, Case Studies, and Proposals for Popular Participation

KEY WORDS:

Impeachment. Recall. Democracy. Republic. Brazil. South Korea.

PAGES: 649
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

This research examines the use of presidential impeachment as a substitute for recall, assessing the negative impact of such substitution on the development and consolidation of democracy. The structure is divided into three parts: direct democracy, the political-historical evolution of Brazil, and impeachment as a tool for strengthening the Republic. Part 1 explores the historical and theoretical foundations of democracy, addressing instruments such as recall, referendum, plebiscite, popular initiative, and jury trials, in addition to education and digital democracy as pillars of effective civic participation. Part 2 presents Brazil’s political evolution from the pre-colonial period to the twenty-first century, highlighting coups and redemocratization processes that shaped the national history and served as the basis for examining the constitutionality of President Dilma Rousseff’s impeachment. Finally, Part 3 analyzes impeachment from both historical and comparative perspectives, encompassing the legal systems of England, the United States, the Republic of Korea, and Brazil, with a focus on their constitutional specificities. The general objective is to investigate the grounds for impeachment in Brazil and Korea, evaluating their potential convergence with recall. Specifically, the study aims to compare the concepts, motivations, and procedures of impeachment and recall; analyze the impeachments of Dilma Rousseff and Roh Moo-hyun in light of constitutional provisions; and identify potential violations of constitutional principles. The research adopts a qualitative approach, with a hypothetical-deductive method and an exploratory strategy, analyzing the misuse of impeachment as a surrogate for recall. The findings point to authoritarian practices inherited from past regimes, fostering a “tyranny of the majority” and undermining the legitimacy of the process. It is proposed that the definitive removal of a president be subject to a mandatory popular referendum, thus strengthening popular sovereignty. It is concluded that integrating mechanisms of direct democracy into the impeachment process may help curb parliamentary abuses, enhance democratic legitimacy, and balance representative and direct democracy, thereby safeguarding the Republic.

COMMITTEE MEMBERS:
Presidente - 1134743 - MARCELO DA COSTA PINTO NEVES
Interno - 1258492 - EDVALDO DE AGUIAR PORTELA MOITA
Interna - 1150035 - FERNANDA DE CARVALHO LAGE
Externo à Instituição - LUCAS FUCCI AMATO - USP
Externo à Instituição - OLAVO HAMILTON AYRES FREIRE DE ANDRADE - UERN