A experiência constitucional brasileira : análise histórica e perspectivas sobre os direitos fundamentais

Abstract

This research presents and analyses the historical process of development of the constitutionalism, especially the Brazilian constitutional movement, emphasizing the fundamental rights as one of its foundations. The problem that is presented in this study refers to a historical retrospective of the constitutionalism with the fundament of verifying if it is possible to comprehend the constitutional movements, foremost the Brazilian, and therefore to build perspectives in relation to the current constitutionalism. In this way, the aim is to establish a correlation between the configuration of the current constitutionalism, the affirmation of the fundamental rights and the historical process of the main constitutional movements. The proposed hypothesis is that the contemporary constitutionalism is the product of a historical evolutionary dynamic of the constitutional movements of several societies in different times and that, to comprehend it, it is necessary to resort to the history of these movements. Therefore, the methodology applied in this research was the deductive method aiming to verify the hypothesis raised and the historical method, as auxiliary method, aiming to analyze and synthesize the main facts and historical periods of lato sensu constitutionalism and the Brazilian constitutional movement. As technical procedures, it was used the documental bibliographic review starting from reading and analyzing doctrines, historical documents, laws and constitutions, among others.