O povo na democracia como sujeito político jurídico da Constituição de 88: centralidade dos direitos e garantias fundamentais na relegitimação do poder do Estado no Brasil

Abstract

This paper aims to present a reading of the state powers linked to fundamental rights. They are instruments legitimized and of function of concretization of the creation of public spaces deliberative of the town. The concept of people is analyzed to show that citizenship is not limited to political rights, but involves the individuals acting in the discussion and influence in the scopes of power. There is thus no constituted power that escapes the duty of rendering accounts to the citizen. The line of research is focused on demonstrating that outside democratic power there is only arbitrary, and there must be a path of structural justice where everyone can participate politically. Here a bibliographical study was carried out, with literature review focused on authors that deal with the link between human rights and state power. The Federal Constitution of 1988 is the meeting point between being and being-must of the relationship between fundamental rights and state power. The normative text of 1988 is scope of defense and promotion of several voices for the construction of the political decision.