A colisão dos direitos fundamentais de reunião e de locomoção a partir das manifestações de rua

• Ano de defesa: 2016
• Autor(a) principal: Silva, Wellyngton Marcos de Ataide da
• Orientador(a): Lima, Carolina Alves de Souza
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Pontifícia Universidade Católica de São Paulo
• Programa de Pós-Graduação: Programa de Estudos Pós-Graduados em Direito
• Departamento: Faculdade de Direito
• País: Brasil
• Palavras-chave em Português: Liberdade; Locomoção; Reunião
• Palavras-chave em Inglês: Freedom; Locomotion; Meeting
• Área do conhecimento CNPq: CNPQ::CIENCIAS SOCIAIS APLICADAS::ADMINISTRACAO
• Link de acesso: https://tede2.pucsp.br/handle/handle/19252

The series of events triggered after June 2013, throughout Brazil, especially in São Paulo, showed a new reality in constant development of the democratic process in Brazilian society, focused on the country's own maturation. Many demonstrations are presented in a disorderly way, without any kind of caution on the part of the organizers, both with respect to the participants themselves, as other members of society, who have suffered restrictions on basic rights. The participation of the State proves instrumental in supporting the organization of meetings of this nature to the very guarantee of the exercise of the right of assembly, particularly in cases where there is an expectation of mass participation, as many fundamental rights are at stake, is the group you want to manifest, or other members of society, which may be restricted in the exercise of their fundamental rights. Human rights correspond to rights guaranteed to the people as an expression of their needs in a community of free men, demanding respect from other men and the state, coupled with the assurance that the government act to promote or restore their exercise in the event of violation. The freedom as a human right is filled up as a corollary to the development of individuality and personality of the people. In this line, it represents freedom, authentic grounding the right to life and a value inherent to human dignity. The Federal Constitution extols the importance of freedom, which added to the exercise of social and individual rights, equality, safety, welfare, development, and justice, are extremely relevant axiological and dogmatic to the entire Brazilian constitutional system. The freedom of movement takes on Brazilian constitutionalism a generic design, adding all its manifestations, in accordance with the provisions of instruments of protective international law; on the same line, the right of assembly can be understood as a right-way to the fullness of a right-end called freedom of expression. Presented and analyzed individually, fundamental rights are presented to the guarantee and promotion of human dignity. In this respect, it is imperative to consider them systematically, as they are inserted in the constitutional context, which requires the existence of coherence between the rights to which reconciles the joint exercise and full constitutional order. Through the interpretation of fundamental rights is that it allows to achieve the proper depth in elements that would ensure the reasoning that provides a harmonious balance between the rights, especially when in collision within a proper consistency. The particular characteristics of the constitutional rules, as the legal superiority, the nature of language, the specific content and political character, highlighted the need to develop doctrinal categories themselves able to assist the interpreter in solving cases involving fundamental rights of collisions. The principle of proportionality serves as a protective mechanism of freedoms, a genuine general principle of law, to extend for all activities developed by the State, especially those relating to the limitation or fundamental rights restrictions, that have no defined solution in itself Constitution