A DEMOCRACIA DIRETA NA ERA DIGITAL: ANÁLISE DA CROWDSOURCED CONSTITUTION COMO FORMA DE PARTICIPAÇÃO CONSTITUINTE VIRTUAL

Abstract

This dissertation explores the concept of constituent power and its relationship with democracy in contemporary contexts, with particular attention to new forms of political participation enabled by digital technologies. It challenges the traditional view of political representation as the sole expression of popular sovereignty, arguing that advances in communication tools make it both possible and necessary to reconsider direct and collaborative mechanisms of participation. Within this framework, the study examines the notion of crowdsourced constitution, as developed by Pedro Lenza, which envisions constitutional drafting through citizen involvement in digital platforms. Methodologically, the research adopts a qualitative, exploratory, and theoretical approach, combining bibliographical analysis with case studies of innovative constitutional experiences such as those of Iceland and Mexico. The theoretical discussion revisits the foundations of the modern state, contractualist theories, and the idea of sovereignty, while addressing the legitimation of constituent power in authors such as Sieyès, Kelsen, and Habermas, alongside Foucauldian critiques of centralized authority. The work further considers the tensions among representative, participatory, and deliberative models of democracy, as well as the opportunities and risks posed by the digital public sphere. The findings suggest that consolidating new forms of constitutional participation requires not only overcoming the structural limitations of representative democracy but also building transparent, inclusive, and plural digital environments capable of realizing popular sovereignty in contemporary terms.