Governo Aberto e Crowdlaw: participação social no processo legislativo através de plataformas digitais

Abstract

The advent of the digital revolution has provoked an unprecedented paradigm shift in human history. By inaugurating a multidirectional, collaborative and decentralized communication structure, web 2.0 has generated significant transformations in access to information, freedom of expression and political participation of contemporary societies. In the face of these transformations, the potential enunciated by the Internet and new digital technologies became evident in improving the interaction between society and government, bringing new practical possibilities of participation and social control. The use of digital technologies to enhance democracy is a recent trend, detected in several states of the world. As of the launch of the Open Government Partnership (OGP) in 2011, the movement for implementing more open, transparent and responsive governments is gaining momentum. As a result of these transformations, parliaments from various countries, including Brazil, have implemented digital platforms in order to promote citizen participation over the legislative process. This initiative, called Crowdlaw, seeks to promote greater legitimacy and better results in the lawmaking process. In this regard, it should be noted that the 1988 Brazilian Constitution guarantees social participation in the legislative process. However, it appears that the instruments of civic participation provided for by the Brazilian legal system had little practical application. Thus, the hypothesis is that, in the current context of digital revolution and government opening, the traditional participatory instruments are out of date. On the other hand, the new practices of Crowdlaw that are enunciated in the Brazilian scenario and in several countries of the world present restructuring alternatives of these instruments, as well as the practice of social participation under new molds. This scenario reveals the need for academic research on Crowdlaw's theme, its legal impacts, and how it has been transforming the legislative process in Brazil.