Banca de QUALIFICAÇÃO: João Costa Ribeiro Filho

Uma banca de QUALIFICAÇÃO de DOUTORADO foi cadastrada pelo programa.
STUDENT : João Costa Ribeiro Filho
DATE: 29/01/2025
TIME: 15:00
LOCAL: AUDITÓRIO MIROSLAV - FACULDADE DE DIREITO - UnB
TITLE:

Impeachment as a Substitute for Recall: Theoretical and Historical Foundations of Two Case Studies: President Dilma Rousseff, of Brazil, and President Roh Moo-hyun, of the Republic of Korea

KEY WORDS:

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

PAGES: 600
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

The research analyzes the use of presidential impeachment as an alternative to recall, assessing the negative impact of this substitution on democratic development and consolidation. 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 examines the historical and theoretical foundations of democracy, addressing instruments such as recall, referendum, plebiscite, popular initiative, and the Jury Trial. Education and digital democracy are also discussed as pillars for effective citizen participation. Part 2 outlines the political evolution of Brazil, from the colonial period to the 21st century, highlighting coups and redemocratization processes that shaped the nation’s history. These events provide a foundation for studying the constitutionality of the impeachment of former President Dilma Rousseff. Finally, Part 3 analyzes impeachment from historical and comparative perspectives, covering the legal systems of England, the United States, South Korea, and Brazil, with a focus on their constitutional specificities. The main objective is to investigate the reasons and processes underlying impeachments in Brazil and South Korea, evaluating their potential alignment with recall. Specific objectives include comparing the concepts, motivations, and procedures of impeachment and recall; analyzing the impeachments of Dilma Rousseff and Roh Moo-Hyun in light of their constitutional frameworks; and identifying potential violations of constitutional principles in these processes. The study's relevance lies in understanding how impeachment may have been used as a substitute for recall, leading to democratic setbacks. The methodology is hypothetical-deductive, employing a qualitative approach and bibliographical and documentary research. Primary sources include Constitutions and historical processes, analyzed to assess the alignment of parliamentary decisions with constitutional principles. The results indicate that the impeachments studied in both countries reflect authoritarian practices inherited from past regimes, distorting impeachment as a mechanism for republican protection. This distortion fosters the "tyranny of the majority" and weakens democratic foundations, excluding direct popular participation and undermining the legitimacy of the process. The research proposes that, to strengthen popular sovereignty, the definitive removal of a president in impeachment cases should be conditional on the outcome of a mandatory popular referendum, where the people, as the ultimate holders of sovereignty, have the final say. It concludes that integrating mechanisms of direct democracy, such as mandatory referendums, into the impeachment process can mitigate parliamentary abuses, promote greater democratic legitimacy, and preserve fundamental constitutional principles. This approach offers an alternative to balance representative and direct democracy, ensuring the protection of the Republic and popular sovereignty.

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