Informação jurídica inteligente
 Brasil | +55 (11) 31 81 77 29

Technology and political participation

Document Citado por Related
Vincent
AutorEduardo Magrani
Páginas190-192

Page 190

See note 80

There is a scenario still quite unfavorable in Brazil for greater effectiveness of direct democratic participation in the legislative framework in relation to the commencement of popular initiative bill.

Page 191

The irst obstacle is due to the fact that, according to the Federal Constitution of 1988, a popular initiative bill, to be presented properly, must contain signatures of at least 1% of the Brazilian electorate (about 1.4 million people). In addition to this requirement, which is itself a major impediment, there are two more obstacles: the fact that only accept physical signatures in practice, despite the Constitution and Law No. 9,709/98 speak only need to "subscribe" not expressly mention the physical medium and; the problem of not having a clear and eficient system for the validation of signatures. As a result of these obstacles, the Brazilian Constitution of 1988 celebrates 26 years of age and over that period only four projects of the genre were approved in Congress.

Over the 26 years of "citizen Constitution" other forms of direct participation provided for in FC/88 as the plebiscite and the referendum were used only twice. The irst time, in 1993, the population – through referendum – kept presidentialism and the republic as form and system of government. In the second, in 2005, the population, through a referendum, rejected the prohibitions of irearms, provided in disarmament statute. Otherwise, local plebiscites were conducted only on the creation of new states and municipalities.

It is evident, therefore, the under-utilization of the mechanisms of direct participation in the legislative sphere, despite the recognition of its validity in democratic terms is quite evident even in a mostly representative system like ours. In this scenario, seeking primarily to overcome the obstacle related to the high number of physical signatures required, several bills currently being processed have the proposal to encourage and enable more clearly that the popular initiative bills can be signed electronically.

However, it is still clear a lot of uncertainty with regard to participation by virtual means. There are already, however, technological mechanisms to reduce the risks. New technological paths have allowed signiicantly minimize the risk of violations of platforms and forgery of signatures through a more reliable system of authentication of signatures. The digital certiication, for example, is considered an...

Para continuar a ler

PEÇA SUA AVALIAÇÃO
Índice de navegação

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT