Constitucionalismo dirigente no Brasil: em busca das promessas descumpridas

Abstract

In the subsequent text, one proposes, as a founding condition in a structuring project of a directing constitutionalism “to the Brazilian way”, the necessary hermeneutic construction of a legal paradigm ruled by a including ethic (opposite to the globalizing neo-liberal model), with a conception of extensive recognition to every members of the political community. Therefone, in a first moment, it is needed that one recognizes the worthy burden of Brazilian Constitutional order. Afterwards, one approaches the directing project that this order suggests as a contribution for the assertion of the human dignity in Brazil. At last, one faces the problem of a constitutional feeling’s lack able to encourage the directing project and, consequently, the effectiveness of the 1988 text.