Democracia Direta no Brasil: Instrumentos de Participação Direta no Poder Legislativo Pós-Constituição de 88

Abstract

The 1988 Brazilian Constitution established two ways to exercise popular sovereignty: indirectly, through elected representatives, or directly, via instruments such as plebiscites, referendums, and popular legislative initiatives. However, despite the legal provision, direct participation has not been part of Brazilians' daily lives. In this context, despite the extensive debate generated by the regulation of direct democracy in the country in 1998, during the first two decades following the promulgation of the Constitution (1988–2008), Brazil experienced only two instances of direct participation through referendums or plebiscites (in 1993 and 2005). Several factors contribute to this reality. This study examined how the Brazilian Legislative Branch addresses participatory initiatives, mapping the institutional rules that have inhibited the adoption of direct participation instruments as a means to expand popular engagement in the country. To this end, the research incorporated both quantitative data—related to variables associated with the proposed projects—and qualitative data, focusing on the legislative process, discourse analysis, and interviews. The findings reveal several notable aspects regarding institutional organization and the structure of Brazilian (direct) democracy. For instance, although plebiscites and referendums are classified as instruments of "direct" participation, they require legislative initiative to occur in Brazil. Additionally, the data indicate that the current legislation governing these instruments has linked plebiscites to specific topics, primarily the division of territories. As a result, despite the increasing number of such proposals presented in the National Congress over the past 20 years, most projects fail to reach maturity. Furthermore, the need for legislative initiative for their convocation implies a low potential for popular mobilization. Moreover, the financing of campaigns demonstrates a dynamic of power concentration similar to that observed in representative democracy. On the other hand, popular legislative initiatives rely on complex bureaucratic processes for collecting and validating signatures, which ultimately incentivize and favor the indirect proposal of popular projects through sponsorship by elected representatives. In summary, this study aimed to analyze the factors that explain and contribute to the (under)use of direct participation instruments in Brazil, thereby debating the quality and potentials of Brazilian democracy.