Desobediência civil: origens, evolução e aplicação na Constituição Federal de 1988

Abstract

This paper deals with a reading by the Institute of Civil Disobedience. This requires a historical overview of the application of the old right to revolution and its consequences in Western law, especially the formation of the bourgeois Liberal State. Once the foundations of liberalism were laid, the once right to revolution remained in some documents as a right of resistance to oppression. To this end, historical processes of three countries that were important for Liberalism, such as England, the United States and France, are analyzed. Finally, an analysis of the institute of civil disobedience is made as a branch of the right of resistance and its conceptualization, especially from the origins of this right until its reception by the 1988 Federal Constitution in art. 5th, second paragraph.