A função instrumental da democracia participativa como garantia de efetividade do constitucionalismo social

Abstract

In the historical evolution of constitutionalism, the conception of an abstentionist State inaugurated by bourgeois-liberalism became hegemonic for a long period. The increase in social problems and the increase in demands from the working classes gave rise to new profiles of demands and, consequently, a new way of thinking about the Constitution: Social Constitutionalism. The transformations of this rethinking of constitutional texts are analyzed since their genesis in Mexico (1917) and in Germany (1919), passing through neoconstitutionalism and the contemporary instrumental function exercised by participatory democracy with the scope of verifying the effectiveness of the Social State.Bibliographic research is used as a methodology through the analysis of books, legal articles, international documents, legislation and jurisprudence. The research is pure, of a qualitative and quantitative nature, with descriptive and exploratory purposes, with emphasis on the work of Paulo Bonavides.