Elementos para uma teoria da constituição dirigente adequada aos países da modernidade tardia

Abstract

This work begins with the verification of the need to elaborate a theoretical and constitutional model adequate to the constitutional reality of countries of late development like Brazil. It tries to contribute to the formulations of this new theoretical-philosophical model, beginning with reflections from a post-positivist environment. It is actually an effort to describe and analyze some of the elements necessary to the construction of the adequate model. Therefore, it is an essentially bibliographical work built from the critical reflection of the illuminist plan of modernity and the consideration of the social reality, matrked by the inequality in marginal countries. So, we seek in the contemporary constitutionalism in its post-positivist version (neo-constitutionalism), the theoretical basis for the construction of this adequate model.