THE CONFLICT BETWEEN THE RIGHT TO DEMONSTRATE AND THE GUARANTEES OF THE DEMOCRATIC RULE OF LAW, WITH REGARD TO THE DEMONSTRATIONS AFTER THE 2023 ELECTIONS

Abstract

The article analyzes the tension between the right to protest and the preservation of the Democratic Rule of Law, focusing on the post-election protests of 2022, particularly the invasions in Brasília on January 8, 2023. The research investigates the boundaries of the right to protest, the foundations of the Democratic Rule of Law, and the legality of the measures taken by the public authorities in response to the events. The text highlights that, although the Constitution and international treaties guarantee freedom of expression and protest, this freedom is not absolute and may be limited to reconcile with other rights. The article also examines the historical evolution of the right to protest in Brazil, emphasizing the need for a state that regulates these freedoms to ensure public order and social peace. The methodology employed combines a theoretical approach with comparative analysis and a review of relevant literature. The theoretical framework is based on well-established authors such as Alexandre de Moraes and Fernando Capez. The aim is to determine whether the observed acts exceeded the limits of the right to protest and endangered the Democratic Rule of Law, as well as to discuss the legality of the public authorities' actions during the January 2023 events. The article concludes that regulating the right to protest is crucial for the preservation of democracy.