Title: A REPRESSÃO CRIMINAL AO PODER CONSTITUINTE: AS JORNADAS DE JUNHO DE 2013 NO RIO DE JANEIRO E O PROCESSO PENAL
Abstract: This work unravels the tension between constituent and constituted power in the perspective of the protests of June 2013 in Rio de Janeiro, analyzed as contemporary ways of a practical and concrete experiencing of democracy, given the spontaneity of the multitude, who rapidly reacted to the gathered aggressions that came from the constituted power and the segments interested in maintaining the status quo.The multitude that went to the streets to protest in the movements started in Rio de Janeiro, 2013, through the social media, promoted the interaction and connection of people through network movements, regardless their origins, ideologies or affiliations.From this autonomous virtual space, the social movements overcame the fear of the constituted power and went to the streets, formed collective initiatives and used self-defense tactics.Citizenship rights are denied to this part of contemporary society that formed the 2013 multitude, making it more distant from the interests of capitalism and closer to the concept of enemy.This happens specially when this multitude rebels against the status quo, whose maintenance interests the global control society, and that works simultaneously as promoter and stabilizer of inequality, which is raised by the increase of the State repression.The violent and unmeasured State repression is exemplified in this work by three moments that contributed to the weakening of the constituent movement surfaced from the streets of Rio de Janeiro in 2013.These moments marked a true instrumentalisation of the repression of the multitude: (i) the creation of the Special Commission for the Investigation of Vandalism Acts, through decree from the chief of the state Executive Power; (ii) the urgent proceeding of the bill and the sanction of the law that creates the concept of criminal organization, by the chief of the Federal Executive Power; and (iii) the police inquiry that resulted on the arrest of twenty-three carioca protestors right before the ending of FIFA World Cup in Brazil.The severe repression of the 2013 movements collaborated to maintain the inquisitorial thought and to strengthening authoritarian institutions.This phenomenon challenges this work to ponder on the viability of the instrumentalisation of the Criminal Procedure as a way of restraining the arbitrary actions repeatedly perpetrated against those who do not benefit from the maintenance of the status quo.