A DEMOCRACIA DIRETA E A PROTE????O DOS DIREITOS DAS MINORIAS: CONSIDERA????ES SOBRE A TESE DA TIRANIA DA MAIORIA

摘要

This article tackles the topic of direct democracy and the discussion of its dysfunctional use reflected on the attack on the rights of social minorities. The popular initiatives and consultations often aim to block or neutralize the security of rights to groups of the society such as indigenous people (or native people), immigrants, women, racial minorities, homosexuals, etc. In this way, it is argued that the risk of popular manifestation may culminate in the tyranny of the majority. In face of this scenario, it would thus be possible to advocate against the instruments of direct participation. It is argued in this article that the tyranny of the majority is not an inherent element to the institutes of direct participation and that the understanding of this phenomenon demands an analysis of the social, political and institutional normative contexts. In order to substantiate such perspective, it will be employed several facts and analysis related to the application of the institutes of direct democracy in the United States and Switzerland. Finally, it is concluded that the mechanisms of direct democracy must be developed within a certain legal framework in order to potentialize the participation of citizens in the control of the power or to hinder the presentation of conservative populist themes to the direct popular decision.