The Legitimacy Deficit in the Political Process Brazilian . Democracy Theory of Violation

Abstract

This article seeks to reflect on the legitimacy deficit of the Brazilian political pro- cess, in that it withdraws control over the elections and political terms from the people, refusing protection and concretion of the fundamental right of participation, backbone of the democratic state governed by the rule of law. It also seeks to identify activation mechanisms of public pools as measurement methods of the popular will, which cannot be replaced by what is read in the printed review. To achieve its objectives a slight expla- nation of the Brazilian electoral judicial bodies was made, identifying the control actions of the elections that can only be filed by for legitimates (candidate, political party, party coalitions and prosecutors office), and a justification of the application discourse for the minimal participation and excess jurisdiction (activism versus minimalism) was presented as well.