A FORMAÇÃO HISTÓRICA DO CONSTITUCIONALISMO MODERNO: ITINERÁRIOS, MODELOS E DOCUMENTOS ESTRUTURANTES
A FORMAÇÃO HISTÓRICA DO CONSTITUCIONALISMO MODERNO: ITINERÁRIOS, MODELOS E DOCUMENTOS ESTRUTURANTES
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DOI: https://doi.org/10.22533/at.ed.960112620014
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Palavras-chave: Constitucionalismo moderno; história constitucional; constituição escrita.
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Keywords: Modern constitutionalism; constitutional history; written constitution.
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Abstract: This article aims, through strictly bibliographic research, to examine the formation of modern constitutionalism, with the purpose of identifying the theoretical foundations that supported it, reconstructing the historical models that shaped it, and analyzing the documents that served as turning points in the transformation of the constitution into a legal norm endowed with its own authority. The investigation seeks to understand how different political experiences contributed to consolidating practices and concepts that still shape contemporary constitutional debate. It begins by recovering, in a broad and panoramic manner, the historical trajectory that precedes the emergence of written constitutions - a field still marked by disputes and multiple interpretations. After that, the text turns to the theoretical models that help illuminate certain structural choices of modern constitutionalism, even if they do not always offer fully linear explanations. In another moment, with this background established, the discussion moves to the ideal of Constitution that eventually took shape during that period, especially regarding the effort to control state power and construct a more secure basis for the protection of rights. Finally, the article examines the documents that crystallized this tradition, seeking to show how they explain, at least in part, why the Constitution continues to occupy such a central place in contemporary legal and political debates.
- Kahio Fernando Garcia Alves