Constitucionalismo fraternal: o agir fraterno na concretização dos direitos fundamentais no Estado democrático brasileiro

Abstract

Constitutionalism, as a movement to consolidate and enhance the Constitution, which places it at the center or apex of the legal system, including through a social pact, to regulate state behavior, has been evolving, going through several phases, establishing, strengthening and guaranteeing people's rights, and also creating duties to be observed in strict constitutional and democratic terms. Among the models of constitutionalism developed and applied so far in various countries around the world, here in Brazil, in particular, what has come to be called fraternal constitutionalism has been achieved, which, in turn, and based on the constitutional provision itself and on international standards on human rights, adopts a humanist bias, with a focus on the dignity of the human person, seeking the effective realization of the fundamental rights established in the 1988 Constitution. In this context, fraternity, notably as a political-constitutional principle, begins to function as a genuine norm to establish parameters for the requirement and fulfillment of the rights and duties related to it, whether or not established in the Constitution that governs the Brazilian nation. Thus, by bringing together these elements, namely fraternal constitutionalism, fraternity, the Constitution, dignity, democracy, the Rule of Law, as well as the duties towards others, in the sense of realizing their rights, in compliance with constitutional commands, and for their well-being, we arrive at the main focus of this constitutionalism, namely, the realization of fundamental rights. That said, the purpose of this academic work is to demonstrate how fraternal action contributes greatly to the effective realization of those rights, within the context and as an unfolding of fraternal constitutionalism, in vogue in the country, revealing the role of society and the Powers of the Republic in the fraternal project adopted by the Constitution, to be pursued and practiced as established therein. To carry out this task, the deductive method will be used, starting from the constitutional and legal provisions and the doctrine that deal with the subject, so that one can conclude the great relevance of the constitutionalist movement mentioned regarding the realization of the fundamental rights established in the Constitution, and even present in international standards, albeit with another nomenclature, all within a humanist and fraternal perspective, with the aim of making social coexistence more harmonious and egalitarian, despite all the socially observed difficulties, but which must always be pursued, according to the constitutional claims.