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The 2018 elections in Brazil caused profound disturbance to political scientists, political analysts, jurists, and activists.1 The electoral outcome shocked the establishment. The winner was an anti-system politician, an irrelevant (and burlesque) representative, with no significant party, no experience in positions in the Executive Branch, and with a frankly pro-military authoritarianism against minorities discourse. Bolsonaro reached strong popular support and was elected President. Politicians, scholars, and part of the voters immediately ran out for an explanation for such an electoral outcome.

Abstract Political parties are, by constitutional force, essential to Brazilian democracy, and equally necessary for the composition and functioning of republican institutions. The 1988 Brazilian Constitution also determines, from a systemic reading, that political parties should be internally democratic. Thus, the present work seeks to develop an intra-party democracy index from the Brazilian experience, considering the fields of Political Science and Electoral Law. The methodology used consisted in the analysis of the statutes of the political parties registered in Brazil until 2018, based on a series of variables, developed from the constitutional and legal norms and principles applicable to the parties, by the reading of the specialized literature, which were translated into questions, whose respective answers were transformed into data, presented as tables, which present the degrees of internal democracy of the Brazilian political parties. The results obtained indicate a low level of internal democracy in the parties, with little use of democratic mechanisms for their organization and decision-making. The investigation demonstrated the need to extend the study to concrete party practices, as well as research on how to make the functioning of parties more plural, which was not the subject of the investigation. It is concluded that even after the Brazilian re-democratization, political parties use oligarchic practices, incompatible with the Brazilian Constitution and with the democratic principle itself.

Political parties are, by constitutional force, essential to Brazilian democracy, and equally necessary for the composition and functioning of republican institutions. The 1988 Brazilian Constitution also determines, from a systemic reading, that political parties should be internally democratic. Thus, the present work seeks to develop an intra-party democracy index from the Brazilian experience, considering the fields of Political Science and Electoral Law. The methodology used consisted in the analysis of the statutes of the political parties registered in Brazil until 2018, based on a series of variables, developed from the constitutional and legal norms and principles applicable to the parties, by the reading of the specialized literature, which were translated into questions, whose respective answers were transformed into data, presented as tables, which present the degrees of internal democracy of the Brazilian political parties. The results obtained indicate a low level of internal democracy in the parties, with little use of democratic mechanisms for their organization and decision-making. The investigation demonstrated the need to extend the study to concrete party practices, as well as research on how to make the functioning of parties more plural, which was not the subject of the investigation. It is concluded that even after the Brazilian re-democratization, political parties use oligarchic practices, incompatible with the Brazilian Constitution and with the democratic principle itself.

Political parties are, by constitutional force, essential to Brazilian democracy, and equally necessary for the composition and functioning of republican institutions. The 1988 Brazilian Constitution also determines, from a systemic reading, that political parties should be internally democratic. Thus, the present work seeks to develop an intra-party democracy index from the Brazilian experience, considering the fields of Political Science and Electoral Law. The methodology used consisted in the analysis of the statutes of the political parties registered in Brazil until 2018, based on a series of variables, developed from the constitutional and legal norms and principles applicable to the parties, by the reading of the specialized literature, which were translated into questions, whose respective answers were transformed into data, presented as tables, which present the degrees of internal democracy of the Brazilian political parties. The results obtained indicate a low level of internal democracy in the parties, with little use of democratic mechanisms for their organization and decision-making. The investigation demonstrated the need to extend the study to concrete party practices, as well as research on how to make the functioning of parties more plural, which was not the subject of the investigation. It is concluded that even after the Brazilian re-democratization, political parties use oligarchic practices, incompatible with the Brazilian Constitution and with the democratic principle itself.

This essay aims at explaining what the democratic and republican principles declared in the Brazilian Constitution represent – or could represent. First, the work considers the notion of a Constitution and its models, combined with the concept of rule of law. The author goes further and examines the idea of freedom, as it changes depending on the constitutional model followed, be it derived from the French or the American Revolution. Presenting the preoccupations of different experts regarding a constitutional system, the essay compares their arguments before considering the elements of the Brazilian Constitution and its preamble. In this context, it is made clear the influence of Brazilian History in the understanding of the meaning of democracy and republic in the country. Furthermore, concepts such as "individual", "citizen", "citizenship", "government", "equality", "communitarianism", "solidarity", "common good", "vote", among others, are all presented and understood through the lenses of the Brazilian Constitution and constitutional doctrine to build a wide-ranging yet comprehensible notion of democracy and republic in Brazil.

This essay aims at explaining what the democratic and republican principles declared in the Brazilian Constitution represent – or could represent. First, the work considers the notion of a Constitution and its models, combined with the concept of rule of law. The author goes further and examines the idea of freedom, as it changes depending on the constitutional model followed, be it derived from the French or the American Revolution. Presenting the preoccupations of different experts regarding a constitutional system, the essay compares their arguments before considering the elements of the Brazilian Constitution and its preamble. In this context, it is made clear the influence of Brazilian History in the understanding of the meaning of democracy and republic in the country. Furthermore, concepts such as "individual", "citizen", "citizenship", "government", "equality", "communitarianism", "solidarity", "common good", "vote", among others, are all presented and understood through the lenses of the Brazilian Constitution and constitutional doctrine to build a wide-ranging yet comprehensible notion of democracy and republic in Brazil.

Abstract This essay aims at explaining what the democratic and republican principles declared in the Brazilian Constitution represent - or could represent. First, the work considers the notion of a Constitution and its models, combined with the concept of rule of law. The author goes further and examines the idea of freedom, as it changes depending on the constitutional model followed, be it derived from the French or the American Revolution. Presenting the preoccupations of different experts regarding a constitutional system, the essay compares their arguments before considering the elements of the Brazilian Constitution and its preamble. In this context, it is made clear the influence of Brazilian History in the understanding of the meaning of democracy and republic in the country. Furthermore, concepts such as "individual", "citizen", "citizenship", "government", "equality", "communitarianism", "solidarity", "common good", "vote", among others, are all presented and understood through the lenses of the Brazilian Constitution and constitutional doctrine to build a wide-ranging yet comprehensible notion of democracy and republic in Brazil.

This essay aims at explaining what the democratic and republican principles declared in the Brazilian Constitution represent – or could represent. First, the work considers the notion of a Constitution and its models, combined with the concept of rule of law. The author goes further and examines the idea of freedom, as it changes depending on the constitutional model followed, be it derived from the French or the American Revolution. Presenting the preoccupations of different experts regarding a constitutional system, the essay compares their arguments before considering the elements of the Brazilian Constitution and its preamble. In this context, it is made clear the influence of Brazilian History in the understanding of the meaning of democracy and republic in the country. Furthermore, concepts such as "individual", "citizen", "citizenship", "government", "equality", "communitarianism", "solidarity", "common good", "vote", among others, are all presented and understood through the lenses of the Brazilian Constitution and constitutional doctrine to build a wide-ranging yet comprehensible notion of democracy and republic in Brazil.

The following essay portrays public policies as a form of accomplishing social duties to allow public participation, not only in its genesis, but also in throughout the process of its execution. Furthermore, it examines the Information Access Act as an instrument to guarantee the fundamental right, with the specific aim of intervening in the public debate. Moreover, the present thesis discusses the issue of access to access from the perspective of public policies of digital inclusion. ; O estudo aqui apresentado trata das políticas públicas como formas de cumprimento das tarefas estatais que devem permitir a participação popular em sua formulação e no acompanhamento de sua execução. Analisa a Lei de Acesso à Informação como forma de garantir o direito fundamental principalmente com a finalidade de intervir no debate público. Discute, ainda, a questão do acesso ao acesso, a partir de políticas públicas de inclusão digital.

Rules design the field of political actors and condition their strategies. For the implementation of democratic and republican principles, legislation needs to be clear, consistent and consistently applied. However, since the 1988 Constitution, Brazil has lived a constant instability in the standards governing election. In view of this situation, this work intends to review how the various changes in electoral legislation from the 1988 Constitution to the most recent one in 2017 have drawn the rules of the electoral game with respect to political propaganda. It is assumed that the regulation drastically reduced street advertising and was transferred to the digital field, leading to a decrease in information. The analysis is carried out with a descriptive methodology, comparing changes in the revised laws, which occurred between 1992 and 2017. ; Las normas diseñan el campo de los actores políticos y condicionan sus estrategias. Para la implementación de los principios democráticos y republicanos, la legislación electoral debe ser clara, coherente y consistente en su aplicación. Sin embargo, desde la Constitución de 1988, Brasil ha experimentado una inestabilidad constante en las reglas que rigen las elecciones. En vista de esta situación, este artículo se ocupa de analizar cómo los diversos cambios en la legislación electoral desde la Constitución de 1988 hasta la más reciente de 2017 han dibujado las reglas del juego electoral con respecto a la propaganda política. Se parte de la hipótesis de que la norma redujo drásticamente la publicidad callejera y esta se traladó al ámbito digital, generando una disminución de la información. El análisis se realiza con una metodología descriptiva, comparando los cambios en las leyes revisadas, ocurridos entre 1992 y 2017. ; As normas desenham o campo dos atores políticos e condicionam suas estratégias. Para a concretização dos princípios democrático e republicano, é preciso que a legislação eleitoral seja clara, coerente e aplicada de maneira consistente. Porém, desde a Constituição de 1988 o que o Brasil vive é uma constante instabilidade nas normas que regem as eleições. Diante deste quadro, este trabalho se preocupa em analisar como as diversas mudanças na legislação eleitoral a partir da Constituição de 1988 até a mais recente de 2017 vêm desenhando as regras do jogo eleitoral no que tange à propaganda política. Parte da hipótese de que a norma diminuiu drasticamente a propaganda de rua e transferiu seu espaço para a arena digital, gerando a diminuição da informação. A análise é feita com metodologia descritiva, comparando as mudanças nas leis analisadas, entre 1992 e 2017.

The rule of law is the central milestone of modern democratic states. There is a gap, however, between what is on the constitutional texts and the lived-in world. The scholars use to concentrate their focus on the Executive Branch's role (and, sometimes, of Legislative Power) in situations of disregard of the Constitution. However, we chose to target the Judicial Branch and its decisions as contributions to the erosion of the rule of law and the production of democratic decay. We claim that the Judiciary started to play a crucial role in this process by assuming a populist bias and carrying out common lawfare practices – which can be well exemplified by judicial electoral decisions and the judicial decisions about Operation Car Wash. For researching the problem and discussing the hypothesis, we used the theoretical-deductive method. We carried out a literature review. We also use informative documentaries extracted from the media on the behavior of public authorities and the critical description of judicial decisions. The bibliography is interdisciplinary. We conclude that when the Judicial Branch becomes a political actor, it fosters a situation of instability and becomes an institution whose legitimacy depends on variations in the mood of society – which goes against the assumptions of democracy and the rule of law. This new judicial behavior causes an imbalance between the powers and the absence of an institution that moderates social conflicts. This situation contributed to the resurgence of the authoritarian identity of Brazilian civil society and the ideological polarization that culminated in the election of a far-right administration in 2018.