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 no AGU Explica - Constituição