Civil Disobedience as a Fundamental Right

This book aims to address the issue of civil disobedience in the light of the Brazilian Federal Constitution of 1988, with the objective of verifying the possibility of recognising this institute as an implicit Fundamental Right as a result of the open clause contained in article 5, second paragraph of the Federal Constitution itself. The aim is to demonstrate the legitimacy of civil disobedience through this constitutional opening, which allows for the recognition of other rights and guarantees that are not explicitly stated in the Magna Carta. In order to achieve this objective, the principles of the Democratic State of Law, Popular Sovereignty and Citizenship were chosen, as these are the principles that can support the recognition of civil disobedience as an implicit Fundamental Right.