Constitution: Fundamental Law Organizing State and Society

The constitution is the fundamental and supreme law of a nation, organizing the state, guarding against abuse of power, and guaranteeing fundamental rights to citizens.

### Understanding the Constitution: A Comprehensive Overview
* 📜 A constitution, also known as a constitutional charter, is the **fundamental and supreme law of a nation**, with the mission to **rationally organize the state and society**.
* 🛡 It serves as a **powerful legal instrument** to prevent the ruler's abuse of power and is where demands are expressed and **principles guiding the common good** are portrayed.
* 📝 In a material or substantial sense, the constitution is defined by the content of its norms, which establish and define the **competencies of the main state organs**, determine their **leadership**, and regulate their **interactions**.
* 👥 It also includes norms that **limit public power actions**, guaranteeing **fundamental rights to citizens** and outlining **essential aspects for individual and social group coexistence**.
* 🖋 In its formal aspect, the constitution is a written and solemn document that establishes **superior legal norms** through a specific constituent process.
* 🔝 Rules created by the constituent power, whether originating or reforming, are considered constitutional rules **regardless of their content**.
* 🇧🇷 The Brazilian Federal Constitution of 1988 contains rules that are not typically constitutional from a content perspective, such as those regarding **public tender validity** and **payment systems through court orders**.
* ⚖ The Constitution is adopted as the **supreme legal norm** in the hierarchical Brazilian legal system, and its supremacy is ensured through the **more difficult constitutional amendment process** and the **control of constitutionality of normative acts**.

Do you know what a constitution is? Agnes explains that the constitution, also known as a constitutional charter, is the fundamental and supreme law of a nation. Its mission is to rationally organize the state and society. It is a powerful legal instrument through which society guards against the ruler's tendency to abuse power. It is also the place where demands are expressed and the principles that guide the construction of the common good are portrayed. When we talk about the constitution in a material or substantial sense, the defining criterion focuses on the content of the norms. Thus, the constitution is the set of norms that establish and define the competencies of the main organs of the state. It determines how and by whom these institutions will be led, as well as regulating the reciprocal interactions between such organs. From this perspective, the constitution also includes norms that limit the actions of the public power, in other words, that guarantee fundamental rights to citizens. Therefore, the constitution is not only the norm that creates the state; it also outlines essential aspects for the coexistence of individuals and social groups. It encompasses not only the connections between these groups of public power, but also aspects such as family, property, inheritance, principles of education, and religious freedom. On the other hand, in its formal aspect, the constitution is a written and solemn document that establishes superior legal norms. It is developed through a specific constituent process. The sympathetic concept of costs is formal in all.

Rules created by the constituent power, whether originating or reforming, as constitutional rules regardless of their content. The doctrine points out that the Federal Constitution of 1988 contains rules that are not typically constitutional. We can cite, for example, the one regarding the validity of public tender and also the system of payments through court orders. Such rules are constitutional only from a formal point of view. Finally, it is stated that the Constitution is the legal norm adopted as supreme, given that the Brazilian legal system is hierarchical, and the Constitution is at the top. According to doctrine, two instruments are important to ensure supremacy: the constitutional amendment process, which is more difficult than that for infraconstitutional legislation, and the control of constitutionality of normative acts, allowing the invalidation of those that contradict the Federal Constitution. To learn more about the legal world, #agile explains. See you next time.

Clarissa Borges no AGU Explica - Constituição

Clarissa Borges AGU

The Role and Significance of a Constitution

The constitution is the fundamental law of a nation, organizing the state and society and preventing the abuse of power.

It defines the competencies of the state's main organs, regulates their interactions, and protects the fundamental rights of citizens.

The constitution also addresses essential aspects of coexistence, including family, property, inheritance, education principles, and religious freedom, serving as a written document with superior legal norms developed through a specific constituent process.

The Concept of Constitutional Rules in the Brazilian Legal System

The Federal Constitution of 1988 contains rules that are considered constitutional only from a formal perspective, such as those regarding public tender validity and the system of payments through court orders.

The Constitution holds the highest legal norm in the hierarchical Brazilian legal system, with its supremacy ensured through the difficult constitutional amendment process and the control of constitutionality of normative acts.