35 ANOS DE CONSTITUIÇÃO CIDADÃ: DAS ORIGENS AOS DESAFIOS ATUAIS

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DOI:

https://doi.org/10.17808/des.2073

Abstract

This is an essay on the origins and significance of the Constitution of the
Federative Republic of Brazil, promulgated on October 5th, 1988. Through a brief historical
retrospective, this essay focuses on the main events of the period between, on the one hand,
the resumption, in the years 1975-1979, of public resistance to the authoritarian regime
established with the 1964 coup and, on the other hand, the process of drafting the
constitutional text by the Constitutional Convention installed on February 1st, 1987, already
in the redemocratization phase. Based on this contextualization, the political and legal
meaning of the 1988 Constitution is discussed, as well as its main advances in terms of
fundamental rights, the constitutionalisation of socio-economic public policies and the
limitation of public and private powers. The aim is to highlight the significance of the
“civilizing project” translated into the constitutional text, and to draw attention to the
challenges facing the democratic constitutional order in the contemporary period. This essay
was the basis for the Inaugural Lecture of the Law Department of the Pontifical Catholic
University of Rio de Janeiro given by the author on August 31, 2023.

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Published

2025-01-27

How to Cite

Pilatti, A. (2025). 35 ANOS DE CONSTITUIÇÃO CIDADÃ: DAS ORIGENS AOS DESAFIOS ATUAIS. Revista Direito, Estado E Sociedade, (64). https://doi.org/10.17808/des.2073

Issue

No. 64 (2024)

Section

Articles (Artigos)

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Copyright (c) 2020 Adriano Pilatti

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