Between One and the Plural: Brief Observations on Constituent Power and Endurance Right to Move the Case Occupy Estelita

• Main Authors: João Paulo Allain Teixeira, Ana Paula Da Silva Azevêdo
• Format: Article
• Language: Portuguese
• Published: Conselho Nacional de Pesquisa e Pós-graduação em Direito (CONPEDI) 2015-12-01
• Series: Revista de Direitos Humanos e Efetividade
• Subjects: Povo, Democracia representativa, Democracia agonística
• Online Access: http://www.indexlaw.org/index.php/revistadhe/article/view/118

This article discusses the agonistic democracy theory proposed by Chantal Mouffe from the understanding of representative democracy crisis reflected in weakening the political and the possible recovery of these spaces for new forms of social events, such as the case of the Occupy Estelita Movement from Pernambuco (Brazil). The text also analyzes the constituent power and democracy, highlighting the important role that the judiciary has had from the legalization of the phenomenon of conflicts and for the purposes of this work, the political space. Also presents the conceptual basis used by Mouffe in order to build the agonistic democracy theory, from the criticism of the consensus promoted by Rawls and Habermas, and overcoming the antagonism Schmitt, in relation friend v. enemy, by agonism, the relationship between adversaries. From this interrelationship, the Occupy Estelita is presented as well as its agenda related to urban rights, laying the foundation for deepening understanding of the size of the Brazilian political scenario, given the new settings of movement.