Justice and democracy as hyperbole: The PNDH-3 and the constituent project of constitutional democracy among us

Authors

  • Marcelo Andrade Cattoni de Oliveira UFMG
  • David Francisco Lopes Gomes UFMG

DOI:

https://doi.org/10.4013/611

Abstract

As a modern constitution, the Brazilian Constitution of 1988 is the starting point of a constitutional project. This article discusses the relationship between that project and the National Program of Human Rights (PNDH-3). At first, it focuses on the openness to the future as the basis of the legitimacy of modern constitutions. Then it presents the problems of the constitution’s interpretation and identity. Next, it discusses the PNDH-3 as an important moment of the continuous process of interpretation of the Brazilian Constitution. Finally, it addresses the relationship between the constitutional project of the Democratic Rule of Law and justice and democracy understood as hyperbole.

Key words: constitution, constitucional identity, human rights.

Author Biographies

Marcelo Andrade Cattoni de Oliveira, UFMG

Mestre e Doutor em Direito (UFMG). Pós-doutorado em Teoria do Direito (Università degli studi di Roma Tre). Professor Associado da Faculdade de Direito da UFMG. Coordenador do Bacharelado em CIências do Estado (UFMG)

David Francisco Lopes Gomes, UFMG

Mestrando em Direito (UFMG). Bolsista CAPES-REUNI junto ao Bacharelado em Ciências do Estado (UFMG).

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Published

2011-07-15

Issue

Vol. 3 No. 1 (2011): January/June

Section

Articles

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