ENTRE POLÍTICA E NORMATIVIDADE: CONSTITUCIONALISMO, DIREITOS FUNDAMENTAIS E DEMOCRACIA NA ERA DAS CONSEQUÊNCIAS

Abstract

In the light of Tony Judt paradox, this article aims to comprehend the modern constitutionalism building an analysis beyond the field of legal system. In fact, its focus it to relate and develop some remarks about constitutionalism and democracy, with references to facts of history. Considering constitutional theory and the relevance of politics as social experiences (so no restricted to deductions towards the straightness of norms), the problems and issues that strengthen their possibilities are the most challenging for the simplest questions. It uses methodological caution in order to explore the most remarkable theoretical universes of the reconstruction of the constitutional theory, either constitutional jurisdiction, the models of democracy and the democratic principle as function and guarantee of rights.