A proposta de uma constituição sistêmica

Abstract

This article argues that the legitimacy of constitutional order can be analyzed by a less normative understanding of the Constitution, starting from a systemic understanding. The Constitution corresponds to a component with a particular relevance within the constitutional order and the systemic model here proposed — the Systemic Constitution — structure some key aspects to an efficient and stable functioning of the aggregate. The Systemic Constitution considers the characteristics of the institutions involved in the constitutional order and those emergent from the dynamics and interactions present in aggregations. Thus, through its institutional arrangements and mechanisms, it allows the institutional and individual collective action to obtain a result in which benefic effects predominate to the system and to the addressed of its activity.