CONTORNOS CONSTITUCIONAIS DO DIREITO DE REUNIÃO: Conflito e relativização de Direitos Fundamentais

Abstract

The Constitution of the Federative Republic of Brazil advocates in its article 1 the Democratic State of Law as the ideal formator of the country. As a paradigm of democracies, protests in public places have an important role to generate visibility in popular pretensions, which are for the most part legitimate. The meeting is defended as Fundamental Right provided for in item XVI of article 5 of the Federal Constitution, but its exercise directly impacts on other rights also defended by the Constitution, from this convergence born the conflict of fundamental rights. The Right of Meeting in recent years has proved to be an important tool for exercising democracy, especially in relation to the desires of the less favored classes. On the other hand, it is noted that the exercise of this right, in the way it has been exercised in Brazil, shows a real attack on fundamental rights such as life, health, safety and assets. The importance of these rights for the realization of a democracy and the problems that arise from this conflict of rights must be analyzed from the perspective of legal science, since it is capable of presenting plausible solutions to the controversial issues. This paper aims at drawing a panorama of the Right of Meeting in Brazil and its conflict with the other fundamental rights through bibliographical, jurisprudential and doctrinal research and through the bibliographical review with depth of analysis, to present possible ways to improve the legal Brazil today.