O CONSTITUCIONALISMO E A MUDANÇA DOS PRINCÍPIOS NORTEADORES DAS CONSTITUIÇÕES ATÉ A CARTA BRASILEIRA DE 1988

Abstract

This work aimed to prepare a timeline of constitutionalism (divided between ancient and modern) - which originated in the ancient Hebrew people; also passed through England (Magna Charta Libertatum 1215); for the American and French revolution; followed the industrial revolution and extended to the present day. In this sense, together with the contextualization between the timeline and the political facts of society in each period, a research was interested in the evolution of peoples' thinking until reaching the Democratic Rule of Law, human rights and the guiding principle of the entire Brazilian legal system, the principle of human dignity. This work uses previous research and the works José Joaquim Gomes Canotilho were more than once referenced to bring up the ideal concept of constitution and the author's understanding of constitutionalism. In this sense, in addition to research by other authors, judgments by the Federal Supreme Court also complemented this work (referring to fundamental principles), as well as the 1988 constitutional text itself, to compare current thinking with that of past centuries. Individuals experienced the distortions and structural gaps left by the State, for this reason the State power was constantly demanded and forced to reinvent itself to reach a new level that would meet the new demands of society. At first, the world called for freedom, non-state intervention, free trade and the individualism of Adam Smith (Liberal State). Second, society demanded the expansion of the State so that it could regulate the relationships of individuals and offer positive benefits to the emerging working class. The welfare state brought positivism, the principle of equality, social rights and socialist ideals. Finally, the world order experienced the Second War which taught man that law and ethics can never be separated (post- positivism), that the State is not enough to promise a dignified life to the citizen, it is the government's duty to provide measures that lead to realization of rights (effectiveness). The principle of human dignity and human rights are at the heart of the Federal Constitution, as well as the democratic ideals of citizen partition in public policies (Democratic Rule of Law).