Em busca da ágora pós-moderna: o governo eletrônico deliberativo como alternativa democrática de gestão das cidades brasileiras

Abstract

This research analyzes, in face of the crisis of the democratic representativeness in the urban post-modern society and in network, the juridical aspects of the alternative proposal of radicalization of the democracy in the scope of the Brazilian cities with mediation of the constitution of the deliberative electronic government. To reach this objective, the work revisited the historical evolution of the democracy to understand its original functioning and how it was reinvented through the times, until its resurgence with the modernity, in the representative version. And, afterwards, the post-modernity and its convincing reflexes over the representative democracy, with the consequent materialization of its legitimisation crisis. On the other hand, it approaches the impacts of the information technology and communication on the individuals and society, with implications in the private and political relationships, thus requiring, the consolidation of a new public space built in the zone of convergence between the virtual and urban space. And in this scenery that the institutionalized communicative flows of direct public participation in the local government will be built. The research also approaches the juridical premisses for creation of deliberative electronic government, as well as the concerns that the regulatory framework might have to the limitation of its competence; its coexistence with the municipal constituted powers (legislative and executive); their main applications and use; the incorporation, between its instruments, of the traditional tools of the plebiscite, referendum and popular initiative; the map of the process of development and voting; and; finally, the cast of basic rights of the citizens in the scope of the local deliberative government. The proposal aims to build an harmonic coexistence model with the traditional forms of popular participation and with the own local representative government, in the normative perspective of democracy, that guarantees its institutional efficiency, its social acceptability and its political legitimacy.