Aspectos Jurídicos dos Protestos Públicos no Brasil

Abstract

Brazil is innovating in the political activity through public protests, in which crowds of people take the streets and buildings, demanding questions to the State and to society itself. This phenomenon is not sufficiently explained by the researchers. These protests are legitimized by the constitutional system as an expression of political pluralism of law democratic state, yet are not always peaceful. When these movements slide into violence and grievous incidents against people and public and private property, it questions, who answers legally for such damage? The state, society, the entity responsible for the event or individually each agent causing the damage? These issues will be analyzed in light of the theories of State responsibility in the current constitutional regime, as the foundation depends on the historical analysis of legal institutions and practices involving these facts. Given this complex political-legal problem, as far as the state is responsible to the grievous incidents, which extenuating or exclusions in their obligation to indemnify. It seems that the best solution is still legally in the analysis and interpretation of the case.