The possibility of presentation of proposals of constitutional amendments per popular initiative: the democracy, the citizenship and the popular sovereignty

Abstract

This article it has the exam area do Constitutional Law, and his line of research is dedicated to the discussion of the institute of the constitutional popular initiative. From this perspective, aimed at positioning, mainly doctrinal, on the possibility of the people trigger the legislative process of constitutional reform, presenting to Congress proposed amendments to the Federal Constitution. The constitutional legal system has the prism observance of fundamental principles of democracy (art. 1, caput), citizenship (art. 1, item II) and popular sovereignty (art. 1, single paragraph, and art. 14), which should radiate to the entire legal system.Starting from this idea, we analyze the popular initiative as a mechanism able to sustain the validity of the exercise of political rights within the constitutional legislative process, since making a systematic and logical interpretation of the Constitution, we can say if citizens are legitimate to propose amendments to the Constitution.We will also see that during the Constituent Assembly, there was a legislative suppression in the process of drafting the CRFB/88, where the institute was removed from the initial design and remained forgotten for years, but with the maturing of society must again join the Constitution as a way to realization of democracy, citizenship and sovereignty of the popular will.