THE BRAZILIAN CONSTITUTIONAL STATE AND ITS POLITICAL OPTIONS IN FUNDAMENTAL RIGHTS ISSUES: A CRITIQUE OF THE OBJECTIVES AND FOUNDATIONS OF THE SOCIAL DEMOCRATIC STATE

Abstract

The present work aims to study the Brazilian Constitutional State from a perspective of the effectiveness of fundamental rights and the objectives and foundations of the legal-democratic regime. From a critical perspective, we propose an analysis of the fundamental objectives of the Brazilian social and democratic State of Law, taking as a reference the political options materialized in the Lex Magna. Through the historical and analytical methods we intend to carry out a bibliographic and dogmatic research from a critical and reflective constitutional thinking about the constitutional normative bases in view of their ability or possibility to specify and standardize reality. The Constitution as a fundamental law expresses the values and the political-social conditions to the extent that it seeks to confront the objectives and legal-normative foundations, showing that even these represent political options whose division of competences and attributions to the federative entities and to the forms of power and to the representations of authority demonstrates an ineffectiveness for the full and effective realization of its desiderata.