A Constituição do Estado e da sociedade: uma análise da força normativa da Constituição brasileira de 1988

Renato Bernardi; Flávio Pierobon

doi:10.5433/1980-511X.2014v9n1p55

Authors

Renato Bernardi Universidade Estadual do Norte do Paraná - UENP
Flávio Pierobon Universidade Estadual do Norte do Paraná - UENP

DOI:

https://doi.org/10.5433/1980-511X.2014v9n1p55

Keywords:

Constitution, Discretion, neoconstitucionalismo, judicialization of politics

Abstract

The brazilian Constitution had its role within the amended law. Longer a Constitution which organizes State to be a constitution that regulates the life of society. Became the document that sets out the roadmap for the exercise of political power and not just limiting the exercise of that power, as in the model of liberal rule of law. However, this fact brings -fact/real- questioning the ability of the Constitution to order the life of the state, or, the ability - and even the legitimacy of the Constitution - a rule the life of future generations while guiding through normative choices that must be made by the political powers programs. This clash is an assessment of the effectiveness of the Constitution, or , the ability of the Constitution is to link policy choices and judgments through its standards . This analysis requires the recognition of historical time in which the Brazilian Constitution was designed, and what the legal and social effects arising from the option of making a Construction Manager.

Metrics

Metrics Loading ...

Author Biographies

Renato Bernardi, Universidade Estadual do Norte do Paraná - UENP

Doctor in Public Law from the Pontifical Catholic University of São Paulo - PUC- SP Master in Constitutional Law by the Institution of Toledo Education - ITE (2003). It PROJURIS Coordinator of Legal Studies Ltda. Effective teacher in the strict sense Postgraduate course - Master's - and of course Graduate School of Law 's Center for Applied Social Sciences at the State University of Northern Parana - UENP , Campus of Jacarezinho . Professor of post-graduation courses sensu - Specialization - the PROJURIS / FIO . Coordinator of the Higher School of Law ( ESA) of the 58th Sub - section of the Bar Association of Brazil ( OAB) - Ourinhos / SP

Flávio Pierobon, Universidade Estadual do Norte do Paraná - UENP

Professor of the Faculty Arthur Thomas , Master of Laws by the Social Science Center Applied State University of Northern Paraná - UENP , an expert on constitutional law PUC / PR , a specialist in Modern and Contemporary Philosophy by UEL , an expert in civil procedure by CPIC / UNIFIL .