Citizenship councils mechanisms inseparable from effective democracy

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Karen Maximo Magalhães
Danilo de Oliveira

Abstract

Democracy, as a system of political organization, presupposes the participation of society, and the Federal Constitution provides, at various times, for possible forms of action by its citizens, one of which is the citizens' councils. However, the organization and use of the councils as a tool for dialogue with the State is flawed, little used and little observed. The objective of this work is to analyze and highlight the importance of the role of the citizens' councils, focusing on constitutional provisions. This is a literary review, with an exploratory and critical-descriptive approach. It was concluded that the citizens' councils are legitimate instruments in the structure of the Democratic State of Law, whose purpose is to promote a more fluid dialogue with the State, based on more direct action by society so that its decisions are made in favor of the population itself and its diverse realities, preventing the rules of the democratic game from being distorted or hijacked from the citizens, as if they were for their benefit.

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Author Biographies

Karen Maximo Magalhães, Pontifical Catholic University of São Paulo

Master's student in Law, Human Rights Center – Pontifical Catholic University of São Paulo, Postgraduate in International Law – Paulista School of Law and in Law & Economics – Institute of Economics of the University of Campinas (IE/UNICAMP). Law graduate – Faculty of Law of São Bernardo do Campo. Vice-President of the Special Investigating Committee that investigates discriminatory acts based on sexual orientation and/or gender identity; people living with HIV/AIDS; and against women; Member of the Human Rights Observatory, Ombudsman (Jul/2020-Jul/2021), at the Secretariat of Justice and Citizenship of the State of São Paulo. Lawyer.

Danilo de Oliveira, Santa Cecilia University

Professor in the Graduate Program in Health Law at UNISANTA. Coordinator of the Research and Scientific Production Center of the Law Course at UNISANTA. Assistant Professor in the Master's Program in Human Rights at PUC-SP. PhD and Master's in Law from PUC-SP. Specialist in Public Law with an emphasis on Constitutional Law. Coordinator of the 2nd Region of the ESA of the OAB-SP (São Paulo Bar Association). Coordinator of the Observatory for the Implementation of the SDGs of the OAB-SP. Author of the books: "So, when will I retire?", "Right to Development: content, legal nature, state ties and effectiveness", "Hermeneutics of Development" and "Brazilian System of Judicial Precedents". Editorial Board Member of the Brazilian Journal of Constitutional Law - RBDC. Researcher of the CNPq Research Group "Human Rights, Sustainable Development and Legal Protection of Health". Lawyer.

How to Cite

MAGALHÃES, Karen Maximo; OLIVEIRA, Danilo de. Citizenship councils: mechanisms inseparable from effective democracy. Unisanta Law and Social Science, Santos, v. 13, n. 1, p. 109–126, 2024. DOI: 10.66221/v13n1p109. Disponível em: https://periodicosunisanta.ojsbr.com/LSS/article/view/959. Acesso em: 17 mar. 2026.

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