ESTADO DEMOCRÁTICO DE DIREITO:UMA UTOPIA POSSÍVEL?

DEMOCRATIC STATE OF LAW: A POSSIBLE UTOPIA?

Abstract

The Federal Constitution of 1988 was structured around the paradigm of the Democratic State of Law, which put the Brazil in a new dimension of the constitutionalism. The expression write at the article 1^st, however, represents a complex system of concepts and transforming proposals, whose implementation has been attempted in different countries for long time, with partial success. The radical democracy desired at the post-World War gave rise to a broad review of the States’ structures and purposes, which allowed significant social advances. However, the model has been challenged all the time, a reality that worsened at the beginning of the 21^st century, when the option for measures of strength in response to different crises became much more common, with the consequent weakening of fundamental rights and democracy, which is called a permanent state of exception.