A emenda constitucional 90/2015: o direito fundamental social ao transporte público coletivo sob uma perspectiva simbólica

Abstract

The development of this research has as main objective to analyze the inclusion of the right to collective public transportation in the roll of art. 6 of the Federal Constitution, a fact that occurred through the approval of Constitutional Amendment (EC) nº 90/2015, strongly influenced by the popular demonstrations in 2013, the June Days. Initially, it was studied the emergence of the Free Pass Movement (MPL) and the main manifestations of the MPL, which made it possible to play a leading role in the June Days. Subsequently, the study focused on the classification of the right to transport and its sense of universality and fundamentality as a category of basic social right of a benefit. From its positivation in the roll of social rights, the reasons that led to the approval of this Amendment were questioned, as well as the factual changes verified after its constitutionalization. In this sense, it was assumed that there was, in fact, a symbolic constitutionalization of the fundamental right to collective public transport in response to the great mobilizations that paralyzed Brazil. Theoretical research was based on the use of the argumentative method on the theory of symbolic constitutionalization in relation to the particularities of the right to collective public transport in Brazilian reality, using bibliographic, documentary and jurisprudential procedures to reach the collimated objectives in the research.