A participação popular em Xangri-lá : uma análise a partir do direito social de Gurvitch.

Abstract

This dissertation begins with the observation of the reasons that lead society to live under the contours of the modern state and what consequences are developed from this situation. Therefore, it is introduced the historical events which, within an economic context, induce the formatting of the structure above society, detainer of the exclusive production of Law and central management. The initial limit of these issues is from the medieval era, whose structural framework is covered by the concept of plurality social, political autonomy and dispersion of power. The situation in this scenario is an overlap of laws and spaces of power, with different governments and different standards. Once the structures in the Dark Ages are used up, are opened ways to the new contours of social organization. Then comes the model of the modern State, created from middle-class intentions, directed to suppression and elimination of pluralities. The modern state only imposes an order, one condition of survival: the submission of everyone to the juridical order dictated by the State. State and Law blend into one concept, and the tools that are at its disposal in the function of eliminating the pluralities and impose the form of hegemonic social conduct are enhanced in such a way that equate the Rigth to law. Among the mechanisms used, there is the representations of political power, a mechanism designed to maintain the concentration of power in the hands of a bureaucratic machine, whose purpose is to solve the problem of the impossibility of direct participation of all citizens interested in the conduct of the subjects of government. Democracy is read as a synonym of representation. This apparatus does not delay the show disfuncionalidades, notably by the detachment that installs between the heavy structure of government and the suffocated society that compose. There are, then, proposals aimed at discussion of modern concepts of political representation and legal production, aiming a rapprochement between society, Law and State. And between these, it presents the reflections of Georges Gurvitch, which target the construction of a legal system in the midst of the reflective action of social actors; it is not by another reason that the proposal receives the title of La idea del derecho social. In the proposal, the Law, which can no longer be imposed by the State, should be created by society. The aspirations gurvitchianas does not turn against the structures of the State, nor does he have in mind the undo it, only preach that we can promote an open dialog between all evolved on the theme of normativity. Thus, in order that the modern institutions of political representation and monolithic production is already outdated and does not solve the demands of everyday, the proposal of the Social right is well aligned to contemporary reality. In this way in the local environment, in which it develops political power, notably the municipality of Xangri-lá, to check the possibility of municipal management, within the powers of its own, open spaces for dialog between all stakeholders in the subjects regulated.