As teorias jurídicas na realização do comando politico-jurídico das constituições sob a perspectiva das concepções de estado
DOI:
https://doi.org/10.5433/2178-8189.2019v23n3p196Keywords:
Liberal state. Social Status. Constitution. Legal theories. Political-legal command.Abstract
It is discussed about chapter 1 of the work entitled "The political-legal command of the
Constitution", by João Luiz Martins Esteves. The author aims to identify if there is a political-legal
command in each Constitution, seeks to identify an ideological character in legal theories, from the
state model in which it belongs. It exposes the types and conceptions of state existing in history,
from the first manifestations that identified the Constitution as a political model, to the inclusion
of individual, political and social rights, with an insertion of the Constitution in the center of legal
order. It points out that it combines with this pragmatic change, mechanisms have been built to
guarantee the judicial protection of rights extracted from the Constitution.
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ESTEVES, João Luiz Martins. O Comando Político-Jurídico da Constituição: Ideologia e
Vinculação Hermenêutica. Rio de Janeiro: Lumen Juris, 2016. Capítulo 1, pp. 13-70
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